Davis v. State

Appellant was convicted of murder and prosecutes this appeal.

The theory of the State was that appellant and others, on the night of the homicide, were acting together in unlawful purposes. That among other things, they went to the house of a negro named Kellum, and that Dock Hughes went in the house and shot the wife of Kellum to death. Kellum killed Dock Hughes. There is no evidence that any of the other parties were in the house, though the State's testimony shows they were about the house or near by.

The court's charge with reference to acting together in the conspiracy and kindred subjects…