State v. Eley

I

The appellant raises two propositions, of law in the instant cause. In his first proposition of law, appellant contends that a defendant cannot be properly convicted of a crime where the elements necessary to establish the offense are provided in part by the conduct of the defendant and in part by another, unless there is a showing of a common criminal design or conspiracy. This issue was neither raised in the trial court nor was it assigned as error in the Court of Appeals. The Supreme Court will not ordinarily consider a claim of error that was not raised in any way in the Court of…