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Show THE KINQ AND LYNCH APPEAL. The opinion of Chief lustleo Jllner nlllrniliiK the Jtnlgnieuint In the tnse of tie Htiilo King nnd Lynch presents the law of the tnse In a plain, forcible, lavver-llke m iniici The opinion holds Hint the accused lias the ilRlit to be confronted by witnesses against lilin. but Hint Ihe ninstltiitlonnl requirement require-ment of tnnfniniatlnii Is not violated bj illspensinK with the actual presence of the vvltmss at the tilnl If he has id read Iwen evumlnel nnd Lross-exam-Ined li the ntuiaed, or lit Ills presence upon the examination luforo the examining exam-ining magistrate und the other requirements re-quirements of the statute have been fulllllid, nml the vvltnss imiltl not, with leasonalilc .litis nee bo found In the Htute. The opinion also holds that it In not neecssuis to allege la the Infill In-fill matlon that Hie luuuler was committed com-mitted In n attempt to lomnilt bur-glnlj bur-glnlj when It la shown lhat the Llllliig waa done deliberately wiiuuii), muu-dousl) muu-dousl) and vlth piemeilltated malice. The utleinpl to iHtpetratH tho cilme of robberj, (luting whlih the homicide Is tummltted, when shown, arrounts to the legal equivalent of such ilellberntlon, Pitmedltatlon and design, which vveie otherwise necemmr) attributes nf minder min-der In the ilrst degree, that where the murder la committed In the perpetration perpetra-tion of h. felon) dcllueiatlon and pre-meilllntlon pre-meilllntlon are Implied It is also held that when several parties par-ties arc unlaw fully aasoi laled together for n felonious purpose of roblier atul one shonia and kills the person sought to be lobbed the killing by whomsoever whomso-ever of the tnnsplinlora It was done, waa the act nf each und all of Ihe von-spiratora von-spiratora nnd tliey nie all chargeable therewith Numerous authorities aie ellet to sustain the opinion. All the questions raised li the appeal were fully and ubl answered by tha opinion of th" court Judge Baskln and ItarUli concurred Tho case Is leinanded to the trial court for execution of tha sentence, which must lake 'dace unless steps are taken to pi ih lire n nev, trial In that court, upon evident tin I mud tu have been discovered since the trial theieln |
