Dever v. State

HURT, Presiding Judge.

Appellants and Von Evans were jointly charged with the crime of conspiracy. On the trial, Evans was acquitted, appellants convicted, and they prosecute this appeal. The conviction was obtained mainly on the testimony of Billie Mayfield. If he was an accomplice, this conviction must be set aside as to both appellants; as to Nath Dever because Mayfield is not corroborated, and as to Tas Dever because Mayfield is not charged in the indictment as a conspirator or party to the crime. The rule in this respect is that the parties to the conspiracy must be named in the…