Phillips v. State

Hawkins, Justice.

Drew S. Phillips and Harry T. McClung were jointly indicted for the offense of murder in the alleged shooting and killing of L. M. Barron, in Laurens County, Georgia. On separate trial Drew S. Phillips was convicted of the offense charged, with a recommendation of mercy. His motion for a new trial, containing the general grounds and five special grounds, was overruled, and he excepted. Held:

1. Had the State sought to hold the defendant responsible for the homicide only upon the theory of conspiracy by aiding and abetting the other defendant as the actual perpetrator, it would…