State v. Melrose
Supreme Court of Missouri
Appeal from Morgan Circuit Court. — Hon. E. L. Edwards, Judge. The court erred in receiving in evidence the statements made by James Farris, a co-defendant, some two weeks after the steer named in the indictment was sold, and in the absence of this defendant. “ When the common enterprise is at an end, whether by accomplishment or abandonment, no one of the conspirators is permitted, by any subsequent act or declaration of his own to affect the others.”
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Appeal from Morgan Circuit Court. — Hon. E. L. Edwards, Judge. The court erred in receiving in evidence the statements made by James Farris, a co-defendant, some two weeks after the steer named in the indictment was sold, and in the absence of this defendant. “ When the common enterprise is at an end, whether by accomplishment or abandonment, no one of the conspirators is permitted, by any subsequent act or declaration of his own to affect the others.” State v. Boss, 29 Mo. 32; State v. Duncan, 64 Mo. 262; State v. McGraw, 87 Mo. 161; 30 Vt. 100; 1 Greenl. Ev. 233; 1 Phil. Ev. 168. The…
1Opinion of the CourtBeace, J.
— The defendant was jointly indicted with James Farris and J ohn Hilderbrand for stealing a three-year-old steer, the property of one D. P. Taylor, and, upon a separate trial, was found guilty and sentenced to the penitentiary.
It appears, from the evidence, that on the twenty-third day of September, 1887, the defendant sold to one McMoore five steers ; that these steers were driven from Daniel Ray’s, where defendant was staying, by defendants Farris and Hilderbrand, to McMoore’s place; that defendant first proposed to McMoore to pasture the cattle for a lew days and then to sell them to him .…
2Cases cited3 opinions
- State v. RossSupreme Court of Missouri · 1859
- State v. DuncanSupreme Court of Missouri · 1876
- State v. McGrawSupreme Court of Missouri · 1885
3Cited by10 opinions
- State v. FaulknerSupreme Court of Missouri · 1903
- State v. MintonSupreme Court of Missouri · 1893
- State v. GibsonSupreme Court of Missouri · 1892
- State v. BrennanSupreme Court of Missouri · 1901
- State v. FlandersSupreme Court of Missouri · 1893
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