Braxley v. State

Atkinson and Hill, JJ.,

dissenting. J. H. Braxley was indicted upon the charge of felony. The ease was tried upon the hypothesis that the indictment contained two counts, the first charging the defendant as perpetrator of the crime of burglary, and *662the second as accessory before the fact, by counseling others to commit the offense. The jury returned a verdict as follows: “We, the jury, find the defendant not guilty as charged in the 1st count in the indictment. J. E. Stembridge, foreman. We, the jury, find the defendant guilty as charged in the second count in the indictment, and recommend…