State v. Cooper
Supreme Court of Missouri
(1) The court erred in admitting as evidence statements of Gray. There was no evidence, whatever, of any conspiracy or combination between Gray and the defendant to commit the offence charged. Until the fact of the conspiracy was established, the statements of Gray were not competent evidence against the defendant, and should have been excluded. State v. Ross, 29 Mo. 32; State 'o.
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(1) The court erred in admitting as evidence statements of Gray. There was no evidence, whatever, of any conspiracy or combination between Gray and the defendant to commit the offence charged. Until the fact of the conspiracy was established, the statements of Gray were not competent evidence against the defendant, and should have been excluded. State v. Ross, 29 Mo. 32; State 'o. Duncan, 64 Mo. 266; State v.- Hickman, 75 Mo. 416. (2) In any event, the statements of Gray were not competent as evidence, except when made in connection with the commission of the offence, or in furtherance of the…
1Opinion of the CourtBlack, J.
The defendants, with one Gray, were indicted under section 1561, Revised Statutes, for obtaining money from one Lawrence, by means of false pretenses, a confidence game, etc.
1. A ground much relied upon to reverse the judgment is, that there was no evidence to support the verdict of guilty, or to justify the court in submitting the cause to the jury. The evidence of Lawrence shows that he lived some five miles from Craig, a small village in Holt county, Missouri. In June, 1884, Gray went to his house, saying he had a patent to sell. What it was does not appear. Lawrence said he had a patent…
2Cases cited6 opinions
- State v. RossSupreme Court of Missouri · 1859
- Drummond v. LeslieIndiana Supreme Court · 1840
- State v. DuncanSupreme Court of Missouri · 1876
- State v. HickmanSupreme Court of Missouri · 1882
- State v. DieckmannSupreme Court of Missouri · 1882
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State v. McWilliamsSupreme Court of Missouri · 1960
- State v. GreenSupreme Court of Missouri · 1957
- State v. TalmageSupreme Court of Missouri · 1891
- State v. WilsonSupreme Court of Missouri · 1909
- State v. RushSupreme Court of Missouri · 1888
9 more not listed; retrieve them via the Exa API.