State v. Mason
Idaho Supreme Court
APPEAL from District Court, Fremont County. The only evidence offered and claimed by the prosecution to prove a conspiracy is contained in plaintiff’s exhibit “C.” How any fair-minded person can claim this to be a conspiracy is-more than we can comprehend. A careful perusal thereof shows-that the defendant was approached by Hammon with a proposition to fire the place, but that he refused to have anything to ■do with it.
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APPEAL from District Court, Fremont County. The only evidence offered and claimed by the prosecution to prove a conspiracy is contained in plaintiff’s exhibit “C.” How any fair-minded person can claim this to be a conspiracy is-more than we can comprehend. A careful perusal thereof shows-that the defendant was approached by Hammon with a proposition to fire the place, but that he refused to have anything to ■do with it. Also that Hammon was the one who fired, it, and that this defendant assisted in no way in committing the act complained of. The acts of the defendant do not constitute ■even…
1Opinion of the CourtHuston, J.
The defendant was indicted, jointly with ■one J. W. Hammon, for the crime of arson, in the burning of certain buildings, and other property, belonging to said Hammon. On arraignment, separate trials were given the defendants. Hammon was tried and acquitted. On the trial of Mason, the following writing, which the evidence clearly shows was extorted from him by one McCarty, a detective in the employ •of the Continental Insurance Company (which institution had a policy of insurance on the property burned), was offered in evidence, and received by the court, in words and figures as fol*546lows, to…
2Cited by7 opinions
- State v. DavisIdaho Supreme Court · 1898
- State v. BerberickMontana Supreme Court · 1909
- State v. BehlerIdaho Supreme Court · 1944
- Taylor v. StateCourt of Criminal Appeals of Oklahoma · 1924
- State v. CrumpIdaho Supreme Court · 1897
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