Show THE KING AND LYNCH APPEAL Tho opinion of Chief Justice Miner affirming tho Judgmemnt In the case of the State vs King and Lynch presents the law of the casa In a plain forcible lawyerlike manner The opinion holds that the accused has the right to be confronted by witnesses against him but that the constitutional requirement < require-ment confrontation Is not violated dispensing with the actual presence oC the witness at the trial If he has already al-ready been examined and crossexam ined i by the accused or in his presence upon the c amlm loit 1iciol Ihe examining exam-ining maglslralo arid liirit other re qulrements of the statute have been fulfilled and the witness could not with reasonable diligence le found In f the State The opinion also holds that l It Is not necessary to allege In the Information In-formation that the murder was committed com-mitted in an attempt to commit burglary bur-glary when It Is shown that the killing was done deliberately willfully maliciously mali-ciously and with premeditated malice The attempt to perpetrate the crime of robbery during which the homicide Is committed when shown amounts to the legal equivalent of such deliberation premeditation and design which were otherwise necessary attributes of murder mur-der in the first degree that where the murder Is committed In the pcrpetra lion of a felony deliberation and premeditation pre-meditation arc Implied It Is also held that when several parties par-ties are unlawfully associated together for a felonious purpose of robbery and I one shoots and kills the person sought to be robbed the Idlllng by whomsoever whomso-ever of the consplralors it was done was the act of each and 1 all of the conspirators con-spirators and they are all chargeable I therewith Numerous authorities aro cited to sustain the opinion All tho questions raised by the appeal were fully and ably answered by the opinion of thocourt Judges Baskin and Bartch concurred I Tho case Is i remanded to the trial court for execution of the sentence which must lake plac unless slcps are taken to procure a new trial i in that n court upon evidenco claimed to have been discovered since the trial therein |