State v. Smith
Supreme Court of Missouri
Appeal from Iron Circuit Court. This was an indictment for the fraudulent, felonious and false uttering, publishing and selling of a counterfeit bank note purporting to have been issued by the Southern Bank of St. Louis. The note was set forth in the indictment. In the description in the indictment the president of the bank was Jas. T. Watson. According to the proof made the president’s name was Jas. J. Watson.
1Opinion of the CourtEwing, Judge
On the trial of this cause the circuit attorney read in evidence, in support of the charge, a bank bill which differed from that set out in the indictment in the initial letter of the middle name of the president of the bank, and this is one of the errors assigned.
*121It was unnecessary for the pleader to have described the bill so minutely in the indictment as he did ; (R. C. 1855, p. 1178, art. 6, § 31;) but having done so, and professing as he does to set it out according to its tenor, he will be held to strict proof. Where the matter of a written instrument is introduced into the pleading, so…
2Cases cited2 opinions
- Zellers v. StateIndiana Supreme Court · 1856
- Frazier v. GibsonSupreme Court of Missouri · 1841
3Cited by11 opinions
- State v. ClintonSupreme Court of Missouri · 1878
- State v. GabrielSupreme Court of Missouri · 1938
- Haupt v. StateSupreme Court of Georgia · 1899
- State v. FaySupreme Court of Missouri · 1877
- State v. Stewart.Missouri Court of Appeals · 1933
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