State v. Hermann
Supreme Court of Missouri
Appeal from Linn Circuit Court. — Hon. G-. D. Burgess, Judge. (1) The court erred in excluding the question asked Johnson Burnett on cross-examination as to what he said to Bates Johnson at the barn (Brown being present) immediately before Johnson and Brown left the barn. (2) There was no evidence to show that defendant Baptiste was present, aiding and abetting, the homicide.
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Appeal from Linn Circuit Court. — Hon. G-. D. Burgess, Judge. (1) The court erred in excluding the question asked Johnson Burnett on cross-examination as to what he said to Bates Johnson at the barn (Brown being present) immediately before Johnson and Brown left the barn. (2) There was no evidence to show that defendant Baptiste was present, aiding and abetting, the homicide. Something more is necessary than proof of physical presence or even mental approbation, unless there be proof of previous conspiracy or a common design. State v. Cox, 65 Mo. 23; State v. Rickman, 95 Mo. 332; State v.…
1Opinion of the CourtGantt, P. J.
At the adjourned October term, 1890j of the Chariton county circuit court, the grand • jury returned an indictment against the- defendants. It consisted of two counts, the first count charged *632defendants, Joseph and Baptiste Hermann, with murder in the second degree, in the killing of one Joseph A. Brown, on the thirteenth of December, 1890. The second charged Baptiste Hermann with being accessory to the crime. At said term defendants were arraigned and each for himself entered a plea of not guilty; they jointly filed their application and affidavit for a change of venue, which was allowed,…
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