But if one of the parties on his own motion, departs from the original design and commits a different offense than that intended by the conspiracy, and which is not a probable consequence of the acts committed in pursuance of the common purpose, then he alone shall be held responsible for such different offense.10

Thus if two men be requested by another to enter a certain dwelling-house and beat a man, but on entering find the man not there, and if one of the two men assault the owner of the house and the other ravish his wife, the one thus sending them into the house cannot be held responsible for the criminal conduct of the two men, for the reason that their acts are a total departure from his request.11