State v. Kennedy
Supreme Court of Missouri
Appeal from Jackson Criminal Court. — New. Jno. W. Wofford, Judge. (1) The court erred in permitting the prosecutor to state in his opening statement, and to introduce testimony on behalf of the State, tending’ to show a conspiracy, and the acts and statements of the claimed conspirators. The offense of conspiracy, even if murder be the result, is as separate and distinct an offense as that of robbery. A conspiracy can not be by one person.
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Appeal from Jackson Criminal Court. — New. Jno. W. Wofford, Judge. (1) The court erred in permitting the prosecutor to state in his opening statement, and to introduce testimony on behalf of the State, tending’ to show a conspiracy, and the acts and statements of the claimed conspirators. The offense of conspiracy, even if murder be the result, is as separate and distinct an offense as that of robbery. A conspiracy can not be by one person. An indictment for conspiracy must not only state some overt fact of such conspiracy (R. S. 1899, sec. 2632), but it must also name the conspirators if…
1Opinion of the CourtBurgess, J.
At the April term, 1901, of the criminal court of Jackson county, the defendant was. convicted of murder in the second degree, and her punishment fixed at ten years’ imprisonment in the penitentiary, under an indictment theretofore presented by-the grand jury of said county charging her with murder in the'first degree for having at said county on the 10th day of January, 1901, shot and killed with a pistol her husband, Phillip H. Kennedy.
In due time defendant presented a motion for a new trial, which being overruled, she saved her exception, and brings the case to this court, by appeal, for…
Also in this document: Concurrence.
2Cases cited13 opinions
- People v. . SharpNew York Court of Appeals · 1887
- Edington v. . Mutual Life Ins. Co.New York Court of Appeals · 1876
- People v. BodineCourt for the Trial of Impeachments and Correction of Errors · 1845
- State v. WalkerSupreme Court of Missouri · 1888
- State v. CurtisSupreme Court of Missouri · 1879
8 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- State v. ChernickSupreme Court of Missouri · 1955
- Sunderland v. United StatesCourt of Appeals for the Eighth Circuit · 1927
- State v. RascoSupreme Court of Missouri · 1912
- State v. ChernickSupreme Court of Missouri · 1955
- State v. TalbertSupreme Court of Missouri · 1970
27 more not listed; retrieve them via the Exa API.