Reports of Cases Determined By the Supreme Court of the State of ..., volume 279
Reports of Cases Determined By the Supreme Court of the State of ..., volume 279
Missouri. Supreme Court
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Instruction number six clearly defined the terms *' common design'^ and ** conspiracy." State v. Walker, 98 Mo. 95; State v. Digiti ized by Google Vol. 279 APRIL TERM, 1919. 195 state y. Cummins. Lewis, 273 Mo. 534; Kennish v. Safford, 193 Mo. App. 372. By instruction number eight the jury was advised that they could consider evidence of receiving stolen property other than the particular instance charged in the indictment only for the purpose of showing intent and is fully sustained by the aut...horities. State v. Patterson, 273 Mo, 110; State v. Spaugh, 200 Mo. 594. The jury was likewise advised by instruction number 8-A, that evidence of other burglaries and larcenies was admitted for the sole purpose, and could be considered only in determining whether a common design and scheme existed between the defendant and the witness Franke. State v. Bailey, 190 Mo. 284; State V. Lewis, 273 Mo. 530. Instruction number nine and ten clearly stated the law relative to the rule for weigh- ing the testimony of an accomplice.
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