Legal Opinion

State v. Bersch

Supreme Court of Missouri

Decided December 23, 1918PublishedCited by 34 opinions

Appeal from St. Louis City Circuit Court. — Hon. George H. Shields, Judge. (1) (a) The indictment is insufficient in that it does not allege the means by which the defendants intended to defraud the insurance companies, whether by collecting the insurance after the fire or by some other means.

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Appeal from St. Louis City Circuit Court. — Hon. George H. Shields, Judge. (1) (a) The indictment is insufficient in that it does not allege the means by which the defendants intended to defraud the insurance companies, whether by collecting the insurance after the fire or by some other means. State v. Greer, 243 Mo. 599; State v. Green, 111 Mo. 585; State v. Reed, 117 Mo. 604; State v. Holden, 48 Mo. 93; State v. Austin, 113 Mo. 538. (b) The indictment after alleging that the property was owned by and insured to the Gilmore-Bonfig Decorating Company, alleges an intent to defraud on the part…

1Opinion of the Court

WHITE, C.

The defendants were convicted in the

circuit court of the City of St. Louis of arson in the *406third degree, as defined by Section 4511, Revised Statutes 1909, and appeal from that judgment./ One Herbert 0. Baker was associated with the defendants in the charge of arson, was indicted, pleaded guilty, and thereafter .appeared as a witness for the State.

/The property burned belonged to the Gilmore-Bonfig Decorating Company, in which the defendants Gilmore and Imel were stockholders. Defendant Bersch conducted the Bersch Insurance Agency, and Baker was an employee of that company. It was…

2Cases cited14 opinions

  1. Dunn v. Hudson River Electric Co.New York Court of Appeals · 1912
  2. State v. SpraySupreme Court of Missouri · 1903
  3. State v. PhillipsSupreme Court of Missouri · 1857
  4. Kahn v. StateIndiana Supreme Court · 1914
  5. Union Savings Ass'n v. EdwardsSupreme Court of Missouri · 1871

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

3Cited by34 opinions

  1. State v. SkillicornSupreme Court of Missouri · 1997
  2. State v. ShilkettSupreme Court of Missouri · 1947
  3. State v. KestersonSupreme Court of Missouri · 1966
  4. State v. BurnettSupreme Court of Missouri · 1956
  5. State v. HartSupreme Court of Missouri · 1922

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

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