Mercersmith v. State

Citations

• 8 Tex. Ct. App. 211

Syllabus

<p>1. Joint Offenders. —If two or more persons confederate in a common design to do an unlawful act, all are amenable for any act done by either of them within the general puraiew of Jhe__epmmon Resign and in the course of itTSxecution. Otherwise, however, if the common design be to do an act not in-itself unlawful,.</p> <p>2. Same. —If two or more engage in a common design to do an unlawful act, and one of them, incited by his own particular malice, or even to further the escape of all, but without the knowledge or consent of the others, commits a felony foreign to the common design, his felonious act is not imputable to his confederates. See the elucidation and illustration of these principles in the present case.</p>