The Montgomery advertiser. [volume] (Montgomery, Ala.) 1885-1982, 1902-09-13
HEADNOTES OF SU-
PREME COURT
DECISIONS
FERGUSON v. THE STATE.

ll0lcmeQt IOf muTueT-Appeal from tine
X Circuit Court of st. Clair ~
1. Trial and it's Incidents; arraignment
of defendant and setting tay for trial
Where the defendant is indicted as Buck
Ferguson alias Buck Fergerson and his
appearance bond bears the signature of
'W. b. Ferguson" and in the order
setting the day for the trial the case is
Ferguson" and said order contains a re-
cital that 1.-The defendant, w. B. Fergu-
son alias Buck Ferguson was then pres
ent in court, sufficiently shows that the
defendant named in the indictment was
in court when his case was set for trial.
2. Accessories; how guilt of the ac-
cused can be established.-The guilt OF
one accused of felony may be estab-
lished by proof that he contributed to
the criminal result by words or acts
intended and calculated to incite or en-
courage its accomplishment, whether ne
was present at its commission or not;
and 1t Is not essential to the incrlmina-
ton of one so participating in the GRIM
inal act That it be done in respect or time,
place or mode. according to any pre-
conceived or instigated plan.
g. Conspiracy; can be proved by cir
cumstantial evidence.-A conspiracy may
be proved by evidence wholly circum-
stantial and without proof of express
agreement between the conspirators.
4. Conspiracy; evidence of facts hap
pening after the accomplishment of the
agreement inadmissible.-On trial I'M
der an indictment for murder, where
there is evidence tending to show that
the defendant was guilty as conspira-
tor, testimony relating toy facts when
transpired subsequent to the homicide
is not admissible in evidence. unless such
facts may, under all the circumstances,
afford ground for inference that sucn COLI
spiracy has existed.
s. Homicide; admissibility of evidence.
On a trial under an indictment for
murder, where there is evidence tending
to show that the defendant conspired
with his son to kill the deceased, ana
that the fatal shot was fired by the son,
and that after the killing the son was
a fugitive, testimony that after the kill
ing and while the son was in hiding the
defendant associated with him clandes-
timely and, tried to accomplish the sons
concealment or escape, is inadmissible in
evidence -.jA ~
6. Same; same.-In a criminal case,
defendant is not entitled to exculpate
himself by making proof of his own acts
and declarations when not part of the
res gestae or of some transaction or
conversation partially developed by, the
State and in a trial under an indict-
ment Tor murder, IL ~ Hot SVAiPSeoii'
for the defendant to prove that shortly
before the killing he requested some one
to try to get the person killed to
drop the trouble between them and
that on the night after the killing he
visited the home Of the mother of the
deceased
T. Evidence; opinion Of witness mad
missibles-In the trial of a criminal case,
questions calling for the expression OF
the opinion or conclusionssof witness
are Objectionable and. therefore, prop
erIy disallowed by the court.
s. Homicide; admissibility of evidence.
ON a triad under an indictment for
murder. the fact as to whether the father
of the deceased was sober on the occa-
sion of the quarrel between him and the
defendant some days before the shooting
or whittier Immediately after the shoot
ing one of the deceased's brothers came
with a gun from towards defendant
store. Is wholly irrelevant to any issue
involved. in the case and Is inadmissioic'
O., Homicide: charge as to conspiracy
On trial under an indictment for muir
der, where there is evidence tending 10
show that the defendant, though he did
not fire the fatal shot .eonspired with
LII, son fer the killing OF the deceased,
= cargessA5 requested yby the . defendants
which assume that proof of an agreement
or understanding or design to kill the
deceased, was necessary to connect the
defendant with the crime as conspira-
70 tor. are erroneous and properly refused.
Reversed and remandd-
Opinion by Sharpe j.