Mack v. State

Bell, Justice.

Arthur Perry and Arthur Mack were jointly in-dieted for murdér in the alleged killing of Charlie R. Helton. The defendants were tried separately, and each was convicted. Their motions for new trial were overruled, and each excepted. The evidence was substantially the same in each case, and the same questions are presented for decision, except that in Mack v. State, the case here under consideration, one additional question was raised.

In Perry v. State, ante, 408 (195 S. E. 175), the judgment refusing a new trial was reversed because of the court’s omission to instruct the jury…