Harry S. Truman, Final Exam in Criminal Law, Kansas City School of Law

KANSAS CITY SCHOOL OF LAW Final Examination Criminal Law. November 23, 1923. Hon. Henry L. Jost Hon. Sam Hargus Mr. Homer A. Cope Mr. H. P. Ragland 1. A committed forgery in 1919. The law then fixed punishment at four years imprisonment. Before A's trial, the law was changed fixing the punishment: (A) By one law, at two years imprisonment; (B) By another law, repealing law specified in (A) to an in- determinate sentence by which a person served only one year and one day where he was credited with good behavior, otherwise to six years imprisonment. A was convicted of the forgery and sentenced to five years in the penitentiary. As A's attorney what points would you raise on appeal to the Supreme Court? 2. A agreed with B, C & D to decoy X from his store so as to permit B, C & D to enter the same without any interference, it being the intention of A, B, C & D to take valuable goods therefrom. A in accordance with the agreement called X over the telephone and told him that his wife had been seriously injured in an auto- mobile accident two blocks to the north of his store. B, C & D had stationed themselves about one hundred yards from the store of X and were waiting for X to leave. X believing the telephone message hurried out leaving the door open. As B, C & D started into the store a gust of wind blew the door shut wedging it tightly, but not locking it. B in opening the door was compelled to use the weight of his body. B, C & D entered and while removing goods therefrom were surprised by X who had returned. X drew a pistol from his pocket and ordered B, C & D to hold up their hands. B & C complied with X's demand, but D who was armed, refused and shot X, killing him. Whereupon B, C, & D fled. Prior to return of X to the store A seeing X repented and told him that he had telephonedhim for the purpose of permitting B, C, & D to steal from his store during his absence. As prosecuting attorney what crime or crimes would you charge against A, B, C & D? Reasons. 3. A was charged with the murder of B. The state's case was based upon the following facts: A believed that B had made some scandalous remarks concerning his wife. A went to B's house, and in the presence of B's wife demanded that B go with him to C to retract or disprove said remarks. B's wife testified that B very reluctantly went with A and only did so because A showed him a gun and intimated that it would not be well with him unless he did go. D testified that he had seen two men answering the description of A and B walking in the public road past his house; that about a half hour later he heard shots and that was the last time B was seen by any- one. One week later at midnight the barn of C was destroyed by fire caused by light ning. Next morning neighbors visiting the scene of the fire discovered what was identified as the remains of a human being. The body had been reduced to ashes except a part of the right hip bone. From the size of the bones and the length of the entire body as outlined in the ashes, the remains indicated that they were those of a man answering the description of B. A metal belt buckle found in the ashes with the remains was identified by several persons as being similar in every respect to one worn by B on the day of his disappearance. F testified that on the day in question that he had gone tolA's house but A was not home, and that he waited until seven ' clock P. M. before A came. A testified that he had neither seen nor talked with B that day, and that the testimony of B's wife was false. Was the evidence