Street v. State

Mose Street was indicted for murder, and was found guilty. A motion for new trial was overruled, and tbe defendant excepted.

An accomplice is one who is present at the commission of the crime, aiding and abetting the perpetrator, or who could be convicted of such crime as an accessory before the fact. Kearce v. State, 178 Ga. 220 (2) (172 S. E. 643). In the instant case there is nothing in the evidence to show that either of the witnesses who were present at the commission of the crime actually participated therein, or was guilty as an accessory. Baker v. State, 121 Ga. 189 (2) (48 S. E. 967).

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