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482 ¥. AMERICAN STATE TRIALS.

all principal here, therefore there is a reversal of the scene;
if you are satisfied that these soldiers were there on a lawful
design and it should be proved any of them shot without pro-
vocation and killed any body, he only is answerable for it.
1st Hale P. C. ‘Although if many eome upon an unlawful
design, and one of the company kill one of the adverse party,
in pursuance of that design, all are principals: yet if many
be together upon a lawful aceount, and of the company, Kill
another of an adverse party without any particular abett-
ment of the reat to this fact of homicide they are not all
guilty that are of the company but only those that gave the
stroke or actually abetted him to do it. In the case of a
Yiotous assembly to rob or steal deer, or do any unlawful act
of violence there the offense of one is the offense of all the
eompany. The Lord Dacre and divers others went to steal
deer in the park of one Pelham—Raydon one of the company,
Killed the keeper in the park; the Lord Daere and the rest of
the company being in the other part of the park. Yet it was
adjudged murder in them all and they died for it. And he
quotes Crompton, 25. Dalton, 93, p. 241.’ So that in no
strong a case as this, where this nobleman set out to hunt
deer in the ground of another, he was in one part of the park,
his company in another part, yet they were all guilty of
murder. The next is Hale’s Pleas of the Crown, I. H. H. P.
©, 440. ‘*The case of Draton Baasit, diverse persons doing
an unlawful act, all are guilty of what is done by one.””
Foster, 353, 354, “A general resolution against all opposers,
whether such resolution appears upon evidence to have been
actually and implicity entered into by the confederates, or
may reasonably be collected from their number, arms or
behavior, at, or before the scene of action, such resolutions, so
proved, have always been considered as strong ingredients in
eases of this kind. And in cases of homicide, committed in
consequence of them, every person present, in the sense of
the law, when the homicide hath been committed hath been
involved in the guilt of him that gave the mortal blow.’’
Foster. ‘‘The easea of Lord Dacre mentioned by Hale, and

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