State v. Davis

319 Mo. 1222, 6 S.W.2d 609 (1928)

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Nature of the Case

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Facts

Davis (D) and Alberdina Lourie planned to have Alberdina's husband, Edmond, killed in order to collect insurance and live together. D sought the help of Earl Leverton to do the job but Earl told the police and a police officer, Dill decided to pose as an ex-convict. D paid Dill $600 to carry out the plan. Several conferences were held, and one aborted attempt was made until a scheme was arranged where Dill was to appear at the Lourie home, kill Edmond, feign a robbery by mussing up Alberdina and taking her jewels. D even provided photographs, and drawings. Dill appeared at the home of Lourie revealed his identity and then arrested D. Upon his arrest, D made and signed a confession in which he stated that he and Alberdina planned to have Edmon Lourie killed. The evidence on the part of D tends to establish that D was urged to agree to the arrangement by Dill and Leverton, but that after paying the money he abandoned the crime before an overt act was committed. There was also testimony that Alberdina, the co-conspirator, abandoned the plot, which abandonment was communicated to Dill and D. D was convicted of attempted murder and appealed.