
    Conner v. The State.
    No. 11453.
    October 16, 1936.
    
      P. Z. Geer, for plaintiff in error.
    
      M. J. Yeomans, attorney-general, B. A. Patterson, solicitor-general, Hooper & Hooper, and G. L. Goode, contra.
   Beck, Presiding Justice.

1. Under the evidence in this case the jury were authorized to find that in the execution of a common purpose and design the accused was present when the decedent was shot and killed, and that the killing was the result of a conspiracy between the accused and a third party. The homicide was without justification or mitigation, and the jury did not err, under the evidence in the case, in returning a verdict of guilty.

2. The court did not err in overruling the motion for new trial.

Judgment affirmed.

All the Justices concur, except Atkinson, J., absent because of illness.  