Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 283
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1875.] RING V. THE STATE. 283
Opinion of the Court.
" court;" and the fifth assignment of error is: " Because of the
"' errors of the court in its charge to the jury, as set out in said
"divisions three and four in the motion for a new trial, whereby
" the jury were misled and misdirected in said charge."
The defendant was indicted as a principal in the robbery,
under Article 743 of the Criminal Code, and, under the charge
of the court, was found guilty under Article 218 of the Criminal
Code. This article reads: " Any person who advises or
agrees to the commission of an offense, and who is present
" when the same is committed, is a principal thereto, whether
" he aids or not in the illegal act."
The verdict was: " We, the jury, find the defendant, HI. C.
" ing, guilty of agreeing to the commission of the offense,
"and (he) is liable as a principal offender, and assess the pun"
qThe jury draw the conclusion that the accused is guilty as a
principal offender by reason of the fact previously found, of
his agreeing to the offense. His agreeing to the commission
of the offense is not sufficient to support the judgment, and it
is on this fact found that the opinion of his guilt rested in the
minds of the jury. Article 218 makes it necessary that there
should be an antecedent advice given, or an agreement to the
commission of the offense, with a being present at the time the
illegal act is committed, to sustain the charge laid in the indictment.
The verdict, not being responsive to the indictment,
should have been set aside, and a new trial granted. As this
case will be remanded, it is proper to remark that the fifth assignment
of error, relative to the charge to the jury, is well taken.
The portion specially complained of by appellant is as follows:
"'If you believe, from the evidence, that the robbery
' was committed as charged in the indictment, and that the
"defendant, Ring, was present at the time, and saw the com"
mission of the offense, and that he made no sort of resist"
ance nor remonstrance, but sat quietly by, or lay quietly by,
' and saw the offense perpretrated by two men upon one, and
" that lie made no effort to prevent it, or to raise al alarm, and
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/291/: accessed June 25, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .