Legal Opinion

State v. Starr

Supreme Court of Missouri

Decided June 20, 1912PublishedCited by 24 opinions

Appeal from Bay Circuit Court. — Hon. Francis H. Trimble, Judge. (1) The indictment should have been quashed, because it appears from the face thereof that the -alleged false pretenses were so absurd and irrational that no one had a right to rely thereon. State v. Cameron, 117 Mo. 641; State v. Barbee, 136 Mo. 440'; State v. Lawrence, 178 Mo. 350; State v. Keyes, 196 Mo. 136; Buckaleu v. State, 11 Tex.

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Appeal from Bay Circuit Court. — Hon. Francis H. Trimble, Judge. (1) The indictment should have been quashed, because it appears from the face thereof that the -alleged false pretenses were so absurd and irrational that no one had a right to rely thereon. State v. Cameron, 117 Mo. 641; State v. Barbee, 136 Mo. 440'; State v. Lawrence, 178 Mo. 350; State v. Keyes, 196 Mo. 136; Buckaleu v. State, 11 Tex. App. 352; Com. v. Drew, 19 Pick. 17; Com. v. Norton, 11 Allen, 266 ; People v. Crissie, 4 Den. (N.Y.) 525. (2) The demurrer should have been sustained because the evidence clearly showed that…

1Opinion of the CourtFerriss, J.

Defendant, James McPhetridge and Alice Scheffler were jointly indicted in the Ray County Circuit Court for obtaining money by false pretenses from one Silas Robinson. At the February term, 1911, of said court, a severance having been granted defendant, he was placed on trial upon the first count of said indictment, found guilty, and sentenced to two years in the penitentiary.

It appears from the evidence that the defendant, his co-indictees and Silas Robinson, the party victim*170ized, lived in the town of Hardin, Ray county. Defendant was a druggist; McPhetridge, a lawyer; Alice Scheffler, the…

2Cases cited24 opinions

  1. State v. BranstetterSupreme Court of Missouri · 1877
  2. State v. KilgoreSupreme Court of Missouri · 1879
  3. State v. LoweSupreme Court of Missouri · 1887
  4. State v. ConwaySupreme Court of Missouri · 1912
  5. State v. JonesSupreme Court of Missouri · 1875

19 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. State v. FosterSupreme Court of Missouri · 1946
  2. State v. HartSupreme Court of Missouri · 1922
  3. State v. VernorMissouri Court of Appeals · 1975
  4. State v. ParkerSupreme Court of Missouri · 1959
  5. State v. ChaneySupreme Court of Missouri · 1961

19 more not listed; retrieve them via the Exa API.

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