Each of the parties to a conspiracy shall be liable for the acts of the others done in carrying out the general design, even though the means are not specifically agreed upon by which to accomplish the unlawful purpose.6

Therefore if several persons combine to stand by one another in a breach of the peace with a general resolution to resist all opposers, and in the execution of that design a person is killed, all engaged in the conspiracy shall be held responsible for such killing on a charge for murder.7

So on the same principle each of the conspirators shall be held responsible for the probable consequences of the acts of the others. Thus when parties are engaged in the commission of a crime with malicious intent and in the execution thereof commit another criminal act not originally intended but which was a probable consequence of the acts of the persons to the conspiracy, each shall be held responsible for the unintended act.8

So if several persons combine to assault a certain person each of them will be criminally liable for any act of the others which is a probable or natural consequence of the execution of their common design or purpose, though the particular act done was not expressly intended or agreed upon in advance.9

6 State vs. McCahill, 72 Iowa, 111;

Pettibone, vs. U. S., 148 U. S., 197; Lamb vs. People, 96 Ill., 73; Spies vs. People, 122 Ill., 1-12.

7 Butter vs. People, 125 Ill., 641;

Williams vs. State, 81 Ala., 1; Spies vs. People, 122 111., 178; Weston vs. Com., Ill Pa. St., 251; Brennan, 15 111., 511.

8 State vs. Vines, 34 La., 1079;

Gorns vs. State, 46 Ohio St., 457; Com. vs. Murphy, 165 Mass., 66.

9 Jolly vs. State, 94 Ala., 19; State vs. Johnson, 7 Or., 210; People vs. Olson 80 Gal., 122.