Stokes v. State Of Mississippi

46 So. 627 (1908)


D and Cora Lane were indicted for an attempt to kill and murder Wallace Lane, Cora's husband. D and Cora were of a very friendly nature, so much so that he spent much time in and about the Lane residence. They both wanted to rid of Wallace and also make it possible to cash in on some life insurance policies. D and Cora hired Shorty Robertson to do the killing. Robertson was a negro, and it was agreed that he would do the killing on a certain night when it was believed that Lane would be coming home from a lodge meeting. It was agreed to pay Robertson $1,000, $ 600 of which was to be in cash, and $400 after the killing should take place. Robertson informed the police. Police showed up at the location for the killing and awaited developments. Robertson went to Lane's house, where he found D, and together they proceeded to the place where Robertson was to lie in wait for the purpose of killing Wallace. D had procured a loaded gun. They arrived at the location a little after dark on a rainy night, and, just as D was in the act of handing the gun to Robertson, they were arrested by the officers. It was not shown that any money was ever paid to Robertson as promised. D admits that he was there with the gun, but denies that he went there for any such purpose as is testified to by Robertson. He asserts that Robinson had promised him to help catch some parties that had been stealing, and he started out with him to look up and arrest them. d denies that he had any intention of killing Wallace, or that he ever attempted to hire Robertson to do so. D was convicted of attempted murder and appealed.