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Supreme Court of Missouri - 16 S.W. 514, 105 Mo. 76
The defendant is appealing a five-year prison sentence for burglary and theft. The defendant was caught breaking into a general store with another person and stealing a 45-pound piece of bacon. Shots were fired, and the defendant denied being at the store but was captured and arrested. The court's instructions to the jury are being appealed, specifically the instruction that the defendant could be found guilty of burglary if the jury believed beyond a reasonable doubt that the defendant was present and assisted in the breaking and entering of the store with the intent to steal, even if another person did not have the same intent. The trial court erred in instructing the jury that the defendant could be found guilty of burglary if he assisted Hill in entering the building with a felonious intent, even if Hill himself had no such intent. The defendant cannot be held responsible for the act of the detective who entered the building to entrap him, as there was a lack of community of motive. The defendant cannot be held responsible for the crime of burglary as he did not commit every overt act that went to make up the crime. To hold the defendant responsible for the acts of another person, they must have had a common motive and design. The Jansen case supports this doctrine, which is just and humane. The Speiden case and other legal authorities also support this rule.
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