State v. Vaughan
Supreme Court of Missouri
Appeal from Cole Circuit Court. — Hon. Wm. H. Martin, Judge. (1) The indictment charged only the defendants with having jointly committed the homicide, and it was improper, as was done in instruction 2, to instruct on the theory of a conspiracy between the defendants and one Hiram Blake, who was not named in the indictment.
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Appeal from Cole Circuit Court. — Hon. Wm. H. Martin, Judge. (1) The indictment charged only the defendants with having jointly committed the homicide, and it was improper, as was done in instruction 2, to instruct on the theory of a conspiracy between the defendants and one Hiram Blake, who was not named in the indictment. Taylor v. Commonwealth, 90 S. W. 581. (2) (a) The court erred in refusing to give at the request of defendants ’ instructions 7, 8, 9 and 10. Ve submit said instructions have the support of the following authorities: State v. May, 142 Mo. 135'; People v. Knapp, 26 Mich.…
1Opinion of the CourtGantt, J.
This is the second appeal in this cause. The first is found reported in 200 Mo. l.
The defendants were indicted at the November term, 1905, for the murder of John A. Clay on the 24th of November, 1905. When the cause was here at the October term, 1906, of this court, it was reversed for the sole reason that the circuit court refused to instruct the jury that they were at liberty to find one or more of the defendants guilty and the others not guilty as *666they might deem right and proper under the instructions of the court and the evidence in the ease. On the re-trial of the cause on January 12,…
2Cases cited1 opinion
- State v. WalkerSupreme Court of Missouri · 1888
3Cited by4 opinions
- State v. HershonSupreme Court of Missouri · 1932
- State v. LindseySupreme Court of Missouri · 1933
- State v. HollowaySupreme Court of Missouri · 1946
- Kotsrean Realty Co. v. SteimkeMissouri Court of Appeals · 1924