006

11)

Object .

Given.

The Court instructs the Jury that the
charge in the Indictment that whether the
defendant had combined with
the other persons named in the Indictment,
or with some of them for
the purpose of committing the
homocide charged, to have been
committed is a question of fact to
to be found by the Jury the same as
any other fact; and if the Jury believe
from the evidence, that there was
no such combination entered into
by defendant with others for the purpose
of committing the alleged offence, and
that the difendant did not take part
in the commission of said offence, and
that he did not kill any person or
persons as charged in the Indictment
then the Jury must find the defendant
not guilty.