State v. Miller
Supreme Court of Missouri
Appeal from Saline Criminal Court. — Hon. John A. Rich, Judge. (1) There can be no conspiracy between a husband and wife to commit a crime. State v. Miller, 162 Mo. 253. (2) If there could be such a thing at law as a conspiracy between a husband and wife to commit a crime, still, the conspiracy is a matter first to be shown before the acts, declarations or statements of the alleged co-conspirator can be given in evidence.
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Appeal from Saline Criminal Court. — Hon. John A. Rich, Judge. (1) There can be no conspiracy between a husband and wife to commit a crime. State v. Miller, 162 Mo. 253. (2) If there could be such a thing at law as a conspiracy between a husband and wife to commit a crime, still, the conspiracy is a matter first to be shown before the acts, declarations or statements of the alleged co-conspirator can be given in evidence. State v. Kennedy, 177 Mo. 131; State v. Walker, 98 Mo. 95. (3) In this case there was no conspiracy shown to exist, in fact, for any purpose, and it was error to admit the…
1Opinion of the CourtGantt, J.
On March 18, 1904, the grand jury of Saline county returned into the criminal court of Saline county the following indictment:
“State of Missouri, County of Saline, ss.
“In the criminal court of Fifteenth judicial circuit within and for the county of Saline, March term, 1904.
*591“State of Missouri against J. H. Miller, defendant.
“The grand jurors for the State of Missouri, summoned from the body of Saline county, being duly impaneled, charged and sworn to inquire within and for the county of Saline, upon their oath present and charge that on the 8th day of March, 1904, at the county of Saline, in…
2Cases cited10 opinions
- State v. RossSupreme Court of Missouri · 1859
- People v. RomeroCalifornia Supreme Court · 1861
- State v. MarcksSupreme Court of Missouri · 1897
- Higgins v. . People of the State of N.Y.New York Court of Appeals · 1874
- State v. DaubertSupreme Court of Missouri · 1868
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State v. FieldsSupreme Court of Missouri · 1911
- State v. BobbstSupreme Court of Missouri · 1916
- State v. GarrettSupreme Court of Missouri · 1973
- State v. CatronSupreme Court of Missouri · 1927
- State v. SwindellSupreme Court of Missouri · 1954
7 more not listed; retrieve them via the Exa API.