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(63 Iowa, 529)

Johnson v. Miller and others.

Filed October 16, 1883.

It is error to give an instruction when there is no evidence to support it.

Admissions of an alleged conspirator are not admissible as evidence against his co-conspirators, unless the conspiracy has been established or the admissions tend to prove it, and were made during the existence of the conspiracy, and in aid of the common design.