Kennedy v. State

1. Where two persons were indicted as principals in a felony, and one only was on trial, and the court charged the jury that they would be authorized to convict the defendant if the evidence showed beyond a reasonable doubt that he was the actual perpetrator, or that he was present aiding and abetting the other accused in the act alleged, it was not error for the court, in the absence of a written request, to fail to charge the converse, to the effect that the defendant on trial could not be convicted if the other accused was the actual perpetrator if the defendant on trial was not present…