Whitehead v. State

ON APPELLANT’S motion for rehearing.

DAVIDSON, Judge.

Appellant insists that the facts are insufficient to warrant either the trial court’s or the jury’s conclusion that a conspiracy existed between Fletcher, Danley, and himself, so as to authorize the introduction in evidence against him of the acts and declarations of Fletcher and Danley, made out of his presence and hearing, upon the theory that a conspiracy existed between them.

A conspiracy is deemed to be shown when there is some evidence of participation or interest in the commission of the crime apart from the testimony of the alleged…