State v. Dockery
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Hugo Grimm, Judge. (1) The fault of instruction one lies in the fact that it assumes that there was evidence of a common intent and agreement or a conspiracy between Roussin, Robare and- the appellant. There is no evidence whatsoever to indicate this theory or justify this as-, sumption..
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Appeal from St. Louis City Circuit Court. — Hon. Hugo Grimm, Judge. (1) The fault of instruction one lies in the fact that it assumes that there was evidence of a common intent and agreement or a conspiracy between Roussin, Robare and- the appellant. There is no evidence whatsoever to indicate this theory or justify this as-, sumption.. The mere fact that the prosecuting witness was robbed by two companions of the appellant and that appellant stood off at some distance while the robbery was going on, would not. of itself make him an aider, abettor or an accomplice without other evidence.…
1Opinion of the CourtFerriss, J.
Conviction upon an information charging defendant, together with Otto Roussin and Louis Robare, with robbery in the first degree, committed upon one Erwin Dose. Defendant was tried separately, and his punishment fixed at five years in the penitentiary.
The evidence for the State tended to prove that on Sunday, at half past twelve, a. m., on May 8, 1910, said Dose met defendants Dockery and Roussin op North Grand avenue and Market street, in St. Louis. They were waiting for a Grand avenue car. Dose was under the influence of liquor. The three went to the Social Economic Club, where they met the…
2Cases cited3 opinions
- State v. ConwaySupreme Court of Missouri · 1912
- State v. ValleSupreme Court of Missouri · 1901
- State v. MeyersSupreme Court of Missouri · 1903
3Cited by11 opinions
- State v. BurrellSupreme Court of Missouri · 1923
- State v. LioliosSupreme Court of Missouri · 1920
- State v. ReynoldsSupreme Court of Missouri · 1939
- State v. WansongSupreme Court of Missouri · 1917
- State v. KnightSupreme Court of Missouri · 1926
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