Burk v. State

The error pointed out by demurrer in the first count of'the indictment is clerical and by its nature is self-correcting. The demurrer was properly overruled.

Refused charge 5 seeks to confine the inquiry to an actual participation by defendant in the assault made on Luther Hale, pretermitting a consideration of aiding or abetting the crime. The charge is patently erroneous as applied to the facts in this case.

Refused charge 6 invades the province of the jury. The evidence tends to prove a conspiracy between the defendant and two others, and everything done and said in furtherance of the common…