When you hear about a Common Design, there needs be no formality. Such a plan may be inferred, it could be spur of the moment that can constitute a plan, no official agreement is necessary. To find all guilty you have to be convinced that all played some party, whether large or small, in a plan which had one intent, to kill.
I must tell you Madam foreman and your members you and I are Judges who try this case. I should tell you we have slightly separate functions though and we should not usurp and take over each others functions. It is my duty to interpret the law. You cannot say ‘bwoi my fren di lawyer seems like him know di law better than this Judge’. I am considered supreme regarding interpretation of the law here and you must take that interpretation from me.
In the same way I am supreme regarding the law, you are considered supreme considering the facts. If you think I wrongly stated the facts according to what you hear, I think it is Miss Harris who said you can toss it aside (* Judge Campbell has a wry grin hee*) ..she is correct, if I incorrectly stated the facts you can toss it aside.
You have seen the witnesses, you have heard them, you have observed them, it is for you madam foreman and your members to make up your minds regarding what you make of them, whether they spoke the truth. However you are not entitled to abandon the evidence and come up with a theory and make up a theory not based on the evidence and make a decision in that regard. Your supremacy concerning the facts, does not entitle you to make up a theory. You are bound by the evidence alone, you must not allow yourself to be taken unto a path of speculation.