State v. Hayes
Supreme Court of Missouri
Appeal from Sullivan Circuit Court. — Hon. G-. D. Burgess, Judge. It is clear from the evidence that there was a plan agreed upon to entrap defendant laid by the witnesses Payne, Hill and Yan Wye.
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Appeal from Sullivan Circuit Court. — Hon. G-. D. Burgess, Judge. It is clear from the evidence that there was a plan agreed upon to entrap defendant laid by the witnesses Payne, Hill and Yan Wye. Hill was to bring with him the defendant Hayes, and Hill was acting as the agent of the “committee” and A. Payne, the proprietor of the store, and, if this was true, then there was no burglary committed, and the court erred in not giving the instructions prayed by defendant and refused by the court. Rex v. Johnson, Car. & M. 218 ; Rex v. Egging-ton, 2 B. & P. 508 ; 2 Leach [4 Ed.] 913; 2 East P. C.…
1Opinion of the CourtThomas, J.
The defendant appeals from a sentence of five years ’ imprisonment in the penitentiary for burglary and larceny, by the circuit court of Sullivan county, November 23, 1887.
The evidence shows that A. Payne & Son kept a general store in Boynton, Sullivan county, in 1886, and that on the night of June 1, 1886, Addison Payne, Jr., one of the members of the firm of A. Payne & Son, and Enoch Van Wye, Prank Van Wye, James Yardley, Sherman Van Wye and John E. Senate secreted themselves in and near the storehouse of said Payne & Son for the purpose of capturing defendant and one Wm. Hill, if they…
2Cases cited2 opinions
- Saunders v. PeopleMichigan Supreme Court · 1878
- State v. JansenSupreme Court of Kansas · 1879
3Cited by19 opinions
- State v. DeckerSupreme Court of Missouri · 1929
- State v. ReichSupreme Court of Missouri · 1922
- Tones v. StateCourt of Criminal Appeals of Texas · 1905
- State v. LuteSupreme Court of Missouri · 1980
- Shouquette v. StateCourt of Criminal Appeals of Oklahoma · 1923
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