State v. Davis

I concur in the conclusion reached in the opinion of DAVIS, C., and in the reasoning by which he reaches it. However, a principle of law, not referred to in the argument or the briefs, I think is decisive of the case.

Defendant was charged with an attempt to commit murder as accessory before the fact, under Section 3687,Accessory Revised Statutes 1919. He did not attempt to commitbefore Fact. the crime himself, but hired Dill to do it. He might have been charged directly, but the proof would have been the same.

I. The principle of law is this: Where one hires or incites another person to do a…