State v. King

— It is earnestly insisted on behalf of the defendant that the evidence is insufficient to sustain the verdict. The State contends that it is shown that the defendant either fired the fatal shot or was present aiding and abetting another in so doing.

x- ^“evSienoe!11’ That the deceased was shot and instantly killed while guarding a number of desperate and reckless men, who had been found under circumstances clearly pointing to their guilt of serious violations of law, cannot be doubted. Whether there is evidence that defendant actively participated in their bold attack and desperate ef*327fort to…