Compton v. State

Russell, C. J., and Hutcheson, J.,

dissenting from the ruling in division 6 of the opinion. In the circumstances of this case it seems to us that great injustice was likely done the defendant. The only witness by whom the State proved conspiracy was Harry Kosnofsky. His testimony as to the actual killing purported to be that of an eye-witness. In a broad sense, the guilt or innocence of Compton depended entirely on the credit attached to his testimony by the jury. On the former trial of the case his testimony was totally different from that in the present trial. This fact was developed only by…