Legal Opinion

State v. Jackson

Supreme Court of Missouri

Decided December 12, 1892PublishedCited by 14 opinions

Appeal from Clark Circuit Court. — Hon. B. E. Turner,, Judge.' (1) The indictment should have been quashed on. defendant’s motion, because it does not follow the form prescribed- in section 3826, Revised Statutes, 1889, in that it uses the words ‘ ‘goods and chattels’ ’ instead of the • words “money” or “property.”

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Appeal from Clark Circuit Court. — Hon. B. E. Turner,, Judge.' (1) The indictment should have been quashed on. defendant’s motion, because it does not follow the form prescribed- in section 3826, Revised Statutes, 1889, in that it uses the words ‘ ‘goods and chattels’ ’ instead of the • words “money” or “property.” State v. Clay, 100 Mo., 571; State v. Dowd, 95 Mo. 163; Bishop on Criminal Procedure, secs. 356-368. (2)- And it should have-been quashed,¡because it did not state sufficient facts to. constitute a crime under the statutes. State v. Davis, 70 Mo. 467; State v. Crocker, 95 Mo. 389;…

1Opinion of the CourtThomas, J.

I. , The indictment .in this- case is drawn under' section 3826, Revised Statutes, 1889, and it charges that defendants, George Height and Isaac . Levy, at the county of Clark, did' unlawfully and feloniously attempt to obtain from John Mantle the sum of $3,500, of the goods and chattels of said John Mantle, “by means and by use of a cheat, and a fraud and a trick and deception and false and fraudulent representation and false pretense and a confidence game,” with the felonious intent to cheat and defraud the said John Mantle.

We do not concur in the contention that this charge is not…

2Cases cited4 opinions

  1. State v. MyersSupreme Court of Missouri · 1884
  2. State v. BayneSupreme Court of Missouri · 1886
  3. State v. SaronySupreme Court of Missouri · 1888
  4. State v. NortonSupreme Court of Missouri · 1882

3Cited by14 opinions

  1. State v. HartmanSupreme Court of Missouri · 1954
  2. State v. NealSupreme Court of Missouri · 1943
  3. Lewis v. StateArizona Supreme Court · 1927
  4. State v. BriggsSupreme Court of Kansas · 1906
  5. State v. WilsonSupreme Court of Missouri · 1909

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