State v. Miller
Supreme Court of Missouri
Appeal from St. Louis Court of Criminal Correction. The indictment is framed under a section of a law which is unconstitutional and void, because, 1st, it treats of two subject-matters ; 2d, the particular subject-matter treated in it is not mentioned in its title; 8d, nor is such subject-matter germain to that mentioned in the title of the act, which treats of transfers to bailees, and not sales to vendees. (Const. Mo., art. 4, §32; State ex rel.
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Appeal from St. Louis Court of Criminal Correction. The indictment is framed under a section of a law which is unconstitutional and void, because, 1st, it treats of two subject-matters ; 2d, the particular subject-matter treated in it is not mentioned in its title; 8d, nor is such subject-matter germain to that mentioned in the title of the act, which treats of transfers to bailees, and not sales to vendees. (Const. Mo., art. 4, §32; State ex rel. Hixon v. Schofield et al., 41 Mo. 39.) The act relates to a class of offenses of a kindred character, all relating ,to trusts in matters of trade…
1Opinion of the CourtWagner, Judge
At the November term, 1868, of the St. Louis Criminal Court, the appellant was indicted upon the charge of violating, the provisions of the thirteenth section of “an act to prevent the issue of false receipts or bills of lading, and to punish fraudulent transfers of property by warehousemen, wharfingers, and others.” The section alluded to is as follows: “Whosoever shall purchase any goods, wares, and merchandise, or other commodity, for cash, and shall sell, hypothecate, or pledge the same to another, and use the proceeds thereof for any purpose other than the payment of the seller or…
2Cases cited5 opinions
- The People v. . McCannNew York Court of Appeals · 1857
- O'Leary v. County of CookIllinois Supreme Court · 1862
- State v. MathewsSupreme Court of Missouri · 1869
- Succession of LanzettiSupreme Court of Louisiana · 1854
- State v. RichesonSupreme Court of Missouri · 1870
3Cited by45 opinions
- Ballentyne v. WickershamSupreme Court of Alabama · 1883
- Ewing v. HoblitzelleSupreme Court of Missouri · 1884
- In Re County Com'rs of Counties Comprising Seventh Judicial Dist.Supreme Court of Oklahoma · 1908
- State v. BeckerSouth Dakota Supreme Court · 1892
- City of St. Louis v. WeitzelSupreme Court of Missouri · 1895
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