Conrad v. State

Citations

• 75 Ohio St. (N.S.) 52

Syllabus

<p>Killing during perpetration of a crime — Is murder in first degree, when■ — -Penal statutes strictly construed — Section 6808, Revised Statutes — When tzvo together commit burglary and one kills an arresting policeman — Both burglars are equally guilty — Interpretation of stahites — Res gestae — Criminal law.</p> <p>1. The rule as to strict construction of.penal statutes does not require the courts to go to the extent of defeating the purpose of the statute by a severely technical application of the rule.</p> <p>2. Where one starts to carry out the purpose to commit a rape, arson, robbery or burglary, and kills another under circumstances so closely connected with the crime which he has undertaken as to be a part of the res gestae thereof, he is guilty of murder in the first degree, within the meaning of Section 6808 of the Revised Statutes, whether the crime which he originally undertook has been technically completed or not.</p> <p>3. When two, in furtherance of a common design, enter upon, the perpetration of a burglary armed and prepared to kill if opposed, and while so engaged are discovered, and in the effort to escape one of the burglars kills one who is trying to arrest him, both burglars are equally guilty of the homicide, although one of them was not armed with a deadly weapon, and although such killing was not part of the prearranged plan.</p> <p>4. When under such circumstances one of the burglars, at a short distance from the building and on another lot, shot and killed a police officer, who had commanded him to halt, the court properly found that the killing was in the perpetration of the burglary, and that it was murder in the first degree.</p>