State v. Jennings
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. 1. 'No sufficient foundation was laid for the admission of the threats of Copeland. There was no proof of a previous conspiracy or confederacy to perpetrate the outrage upon Willard. 3 Chitty’s Criminal Law, p. 1143 and authorities referred to. 1 Phillips’ Ev. 88. 2 Starkie’s Ev. 141. Commonwealth v. Crowninshield, 10 Pick. 497. 1 Greenleaf’s Ev. §110, §111. 2 Peters, 364. 2. The first instruction given for the State is erroneous.
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Appeal from Buchanan Circuit Court. 1. 'No sufficient foundation was laid for the admission of the threats of Copeland. There was no proof of a previous conspiracy or confederacy to perpetrate the outrage upon Willard. 3 Chitty’s Criminal Law, p. 1143 and authorities referred to. 1 Phillips’ Ev. 88. 2 Starkie’s Ev. 141. Commonwealth v. Crowninshield, 10 Pick. 497. 1 Greenleaf’s Ev. §110, §111. 2 Peters, 364. 2. The first instruction given for the State is erroneous. The assistance and aid must have been wilful, deliberate and premeditated on the part of Jennings. The instruction does not…
1Opinion of the CourtRylastd, Judge
The defendant, Augustus Jennings, was indicted with William Langston, David Jones and Burr Anderson, for the murder of one Edward II. Willard, at the November term of the Circuit Court for Buchanan county, in the year 1852.
At the March term of said Circuit Court, in the year 1853, the defendant, Jennings, was tried separately, and was found guilty of murder in the first degree. He moved for a new trial, assigning therefor the usual reasons, which was refused. He then moved in arrest of judgment, which motion being overruled, the defendant excepted, and filed his bill of exceptions, prayed for…
2Cited by23 opinions
- State v. HopkirkSupreme Court of Missouri · 1884
- State v. PittsSupreme Court of Missouri · 1875
- State v. NolandSupreme Court of Missouri · 1892
- Binns v. StateIndiana Supreme Court · 1879
- State v. GloverSupreme Court of Missouri · 1932
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