State v. . Mickey

The basis of one of the defendant’s exceptive assignments of error is the following extract from the court’s charge: “The burden is on the State to satisfy you beyond a reasonable doubt that this defendant is guilty of agreeing together with Griffin or Murphy, or both of them, or others to do an unlawful thing, to wit, kill W. W. Dick, before this defendant would be guilty of violating the law.”

In view of the fact that the indictment charges nominatim the alleged conspirators and is not cum multis aliis, we are constrained to hold that his Honor erred in charging the jury in effect that if…