STATE v. CAREY, 1 Del. Cas. 62 (1795)

Wilson’s Red Book, 66

STATE v. ZACHARIAH CAREY et al.

Court of Quarter Sessions of Delaware, Sussex County.
April, 1795.

Evidence was that he went with the others after night to the house where Waller et al. were, that the other defendants, except one, did commit an assault, but no one saw defendant offer to strike or intermeddle. Some witnesses said he did not come in until the affray was over; one other said he did — he was an apprentice and his master present — some said they did not think he would have assisted.

PER CURIAM. BASSETT, C. J.

Wherever two or more persons go to any place to do an unlawful act and one does it, they are all equally guilty. We have no doubt upon the law; you are to judge of the fact.

Verdict, not guilty.

The Court certified probable grounds of prosecution!!![1] Two days afterwards defendant was put into prison, after having been home and not suspecting any such thing, until he would pay the fees, without any contempt alleged.

N.B. The sheriff might have been made to answer for this.

[1] Wilson’s punctuation.

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