94 P. 831 | Or. | 1908
Opinion by
“A conspiracy may be proved, as other facts are proved, by circumstantial evidence, and parties performing disconnected overt acts, all contributing to the same result and the consummation of the same offense, may by the circumstances and their general connection or otherwise, be satisfactorily shown to be conspirators and confederates in the commission of the offense. One party may allure the victim into the den, leaving it to others to effect the robbery, and all will be held equally guilty as confederates. Here the decoy remained with the victim until the larceny was ■ committed, and his relation to and intimacy with the persons on trial were such as to authorize the jury to draw the conclusion that there was a conspiracy between all those present or taking any part in the transaction. The declarations were not given in evidence to prove the guilt of the parties on trial, and as the declarations of one conspirator against another, but as a part of the res gestae, a part of the history of the transaction, and as such it was competent.”
Some objections were also made to the testimony of Police Officer Goltz as to the acts and declarations of the defendant and Grace Reed after the arrest and while in
It follows that the judgment should be affirmed.
Affirmed.