005

13

Refused

Object

The defendant cannot be convicted unless
the proof establishes a felonious killing of one or
more persons of a party or company consisting of
John Smith and several men women and children
as one transaction; that one of the party was in fact
named John Smith, and that the names of all the
others were unknown to the Grand Jury that found
the indictment. No such homicide having been
established, nor any proof given tending to es-
tablish it, the defendant should be acquitted.