Smith v. State

Nichols, Presiding Judge.

1. Special ground 4 of the motion for new trial contends that the trial court erred in charging the jury on conspiracy in that the evidence failed to show any conspiracy existed between the defendant and anyone else. With this contention we cannot agree. There was evidence of the assault being committed upon the victim and prosecuting witness, H. R. Street; there was evidence that placed the defendant along with two other men at the scene of the assault; and, there was evidence, direct and circumstantial, that the defendant Smith participated in the assault upon…