Whiting and Farris v. State

Brown, J.;

(Dissenting) : Whiting was convicted under the second count, which charged him as an accessory before the fact — that he “did counsel, incite, procure, abet and command the said Young Farris, the said robbery and felony in the form and manner aforesaid to do and commit.” The third count, charging him as a principal in the second degree, that is, with being present, aiding and abetting, etc., was evidently abandoned; at least, the verdict ignored this count. I think the evidence would probably have sustained a conviction under this third count, charging Whiting as a principal in the…