State v. Lilly

Dent, Judge :

H. F. Craig and Sam F. Lilly were jointly indicted in the criminal court of Kanawha County for producing an abortion on A. F. McMillan. They were tried by the same jury. Craig was acquitted, and Lilly convicted. On a writ of error, Lilly insists that, according to the evidence, he was merely an accessory, and Craig, the principal, having been acquitted, he could not be convicted. If Lilly had been indicted as an accessory, his position would be tenable, for, to convict an accessory, the crime must have been committed b}^ the principal; otherwise, there could not be an accessory.…