State v. Ross
Supreme Court of Missouri
Appeal from Madison Circuit Court. Sullivan Phillips, Presley Phillips and John L. Eoss were indicted for the murder of Eobert G-. Watson. The indictment contained only one count charging murder in the first degree, Sullivan Phillips being indicted as principal in the first degree, the others as aiders and abettors. Sullivan Phillips was put upon his trial first and acquitted.
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Appeal from Madison Circuit Court. Sullivan Phillips, Presley Phillips and John L. Eoss were indicted for the murder of Eobert G-. Watson. The indictment contained only one count charging murder in the first degree, Sullivan Phillips being indicted as principal in the first degree, the others as aiders and abettors. Sullivan Phillips was put upon his trial first and acquitted. Presley Phillips and Eoss were then put upon their trial and found guilty of murder in the second degree. This verdict was in the following form: “We, the jury, find the defendants, Presley Phillips and John L. Eoss,…
1Opinion of the CourtEwing, Judge
Among the exceptions to the ruling of the court below was excluding the record of the acquittal of Sullivan Phillips. It is conceded that the record was not conclusive evidence of defendant’s innocence, but that it conclusively negatives the hypothesis as against Sullivan Phillips that he committed any offence, and consequently that defendant and no one else can be guilty as his aider or abettor.
In the State v. Phillips and Ross, 24 Mo. 480, one of the points made was, that the acquittal of Sullivan Phillips, the principal in the first degree, operated in law the discharge of the defendants…
2Cases cited9 opinions
- Jones v. StateTexas Supreme Court · 1854
- People v. GilmoreCalifornia Supreme Court · 1854
- State v. PhillipsSupreme Court of Missouri · 1857
- People v. M'KayNew York Supreme Court · 1820
- State v. BallSupreme Court of Missouri · 1858
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3Cited by69 opinions
- Kring v. MissouriSupreme Court of the United States · 1883
- United States ex rel. Hetenyi v. WilkinsCourt of Appeals for the Second Circuit · 1965
- State v. SteevesOregon Supreme Court · 1896
- State v. ChernickSupreme Court of Missouri · 1955
- Graham v. United StatesCourt of Appeals for the Eighth Circuit · 1926
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