Nelson v. State

Head, Justice.

Special ground 4 of the amended motion for new trial complains that the charge of the court, that “The State in this case contends that this defendant, acting conjunctively with Tommie Reed who was in the jail at the time, and acting in concert and in conspiracy with the negro, Tommie Reed, etc.,” was prejudicial to him, in that the indictment did not *334charge him with the offense of conspiracy or that he acted in concert and conjunctively with Tommie Reed, and because the evidence showed that Tommie Reed at all times had possession of the pistol and that he acted under the…