State v. Davis

A witness for the state, having stated on direct examina^ tion that the matter of the proposed break was talked over before the entry in the presence of the defendant, further testified: “Q. Now go on. A. Then we said we would bring out, whatever we would get we would divide in half with the four of us. Q. Was that agreed to by Earl Davis? A. Yes.” The witness then described the entry'and removal of the goods by two members of the party while the defendant remained without, the subsequent meeting of the four, and the division of the spoils in which the defendant shared. In the course of the…