Cain v. State

ON MOTION FOR REHEARING.

Graves, Judge.

Appellant complains in his motion on account of the fact that the trial court, in his charge relative to principals, included therein the portion usually given relative to one’s guilt who had acted with a common design and purpose with another, “whether in point of fact all were actually bodily present on the ground when the offense was actually committed or not,” and then later on in the court’s charge relative to the defense of an alibi, he charged as follows: “Now if the evidence raises in your minds a reasonable doubt as to the presence of the…