State v. Jennings

The opinion of the Court was delivered by

Mr. Justice Brease.

The appellant, Jennings, was indicted, along with C. D. Cockerell, as principal, for the murder of Ezra Hodge, by the grand jury of Sumter County. The indictment contained only one count, charging both Cockerell and the appellant as principals with the murder of Hodge.

The appellant alone was put upon trial, the State using his co-defendant, Cockerell, as a witness against him. Upon examination of the witness, Cockerell, it appeared that the appellant was not a principal in the murder, but, if guilty at all, he was an accessory before…