State v. Ward

OPINION OF THE COURT

BRATTON, J.

Appellants were jointly indicted, charged with the murder of S. S. Leach. They were tried together, and each found guilty of voluntary manslaughter. From such conviction they have appealed.

1. As worded, each of the several instructions given the jury required that they find the defendants guilty or not guilty together, as the case might be, and nowhere were they ever told that they might convict one defendant and acquit the other, if the evidence warranted that action. The instruction submitting the several kinds of verdicts for use by the jury was as follows:

‘Wh…