State v. Hayes
105 Mo. 76, 16 S.W. 514 (1891)

  • Hayes asked Hill to help him rob a grocery without realizing that Hill’s relative owned the store. Hill went to the police.
  • At the police’s request, Hill pretended to go along with Hayes. That night, they went to the store, Hayes opened the window, Hill entered and stole a side of bacon.
  • Hayes was arrested and charged with burglary.
    • Hayes argued that he never entered the store and so could only be convicted for aiding and abetting Hill. However, Hill was working with the police and never had any intent to rob the store.
      • Hill’s intent was to entrap Hayes in a crime, not to commit a crime himself.
  • The Trial Court convicted Hayes of burglary. He appealed.
    • The Trial Court instructed the jury that it didn’t matter if Hill had felonious intent. All that mattered was whether Hayes had felonious intent when he assisted Hill.
  • The Missouri Supreme Court overturned the conviction and remanded for a new trial.
    • The Missouri Supreme Court found that Hayes didn’t enter the store, so he couldn’t be directly guilty of burglary.
    • The Court found that in order to be criminally culpable for aiding and abetting, there must be a showing that Hayes and Hill had a “common motive and common design.”
      • Hayes’ motive was to get some delicious bacon. Hill’s motive was to catch a guy trying to rob his relative’s store. This is not a common motive.
    • The Court noted that Hayes did take the bacon, so he could be guilty of petty larceny. But he couldn’t be guilty of burglary unless he assisted someone with felonious intent.