State v. Burke
Supreme Court of Missouri
Appeal from Si. Louis County Circuit Court. — Hon. Rudolph Hirzel, Judge. (1) Tbe indictment in this case attempts to charge the commission of. four separate and distinct crimes: recording bets and wagers; registering bets and wagers; selling auction pools and engaging in book-making. The judgment recites that the defendants have been found guilty as charged in the indictment.
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Appeal from Si. Louis County Circuit Court. — Hon. Rudolph Hirzel, Judge. (1) Tbe indictment in this case attempts to charge the commission of. four separate and distinct crimes: recording bets and wagers; registering bets and wagers; selling auction pools and engaging in book-making. The judgment recites that the defendants have been found guilty as charged in the indictment. Of what offense have they been convicted ? A conviction for recording bets and wagers can not be upheld because those two crimes were omitted from the title of the act. A conviction for the crime of pool-selling can not…
1Opinion of the CourtSherwood, J.
The defendants, nine in number, were all found guilty “as charged in the indictment herein,” and fined each in the sum of $1,000.
The grand jurors for the State of Missouri, now here in court, duly impaneled, sworn and charged to inquire within and for the body of the county of St. Louis and State of Missouri, upon their oath present and charge that Richard R. Burke, Edward Fitzgerald, William Dunn, Charles Mason, Isaac Cohen, Michael Healey, William Mathews, John Cohiclc, Joseph Donegan, Joseph Daily, Curley Britt, David Sabine, Burt Kreler and Howard Ellis, on the 4th day of February, 1899,…
2Cases cited17 opinions
- United States v. CruikshankSupreme Court of the United States · 1876
- United States v. CarllSupreme Court of the United States · 1882
- State v. MeyersSupreme Court of Missouri · 1889
- State v. TerrySupreme Court of Missouri · 1891
- Howell v. StewartSupreme Court of Missouri · 1873
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3Cited by6 opinions
- State v. SausseleSupreme Court of Missouri · 1954
- State v. MeysenburgMissouri Court of Appeals · 1902
- State v. PaceSupreme Court of Missouri · 1917
- State v. WinterbauerSupreme Court of Missouri · 1927
- State v. HellscherMissouri Court of Appeals · 1910
1 more not listed; retrieve them via the Exa API.