Legal Opinion

State v. Kroeger

Supreme Court of Missouri

Decided March 15, 1871PublishedCited by 6 opinions

Appeal from St. Louis Criminal Court. The indictment in this case is insufficient at common law because it does not sufficiently describe the check or money alleged to have been stolen.

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Appeal from St. Louis Criminal Court. The indictment in this case is insufficient at common law because it does not sufficiently describe the check or money alleged to have been stolen. (People v. Ball, 14 Cal. 101; State v. Langbottom, 11 Humph. 39 ; Rhodus v. Commonwealth, 2 Duvall, Ky., 159; Stewart v. Commonwealth, 4 Serg. & R. 194 ; Dame-wood v. State, 1 How., Miss., 262 ; Spangler v. Commonwealth, 3 Binn. 533; State v. Bond, 8 Clark, Iowa, 540; State v. Morey, 2 Wis. 494.)

1Opinion of the CourtWagner, Judge

The court sustained a demurrer to the indictment in this case, and therefore the only question is whether the indictment contained sufficient allegations to put the accused upon trial. There is but one count, and it is therein alleged that the defendant, on the 10th day of December, 1869, “ one check for five thousand dollars on the Traders’ Bank, of the value of five thousand dollars ; five thousand dollars in money, of the value of five thousand dollars, all of the property of, etc., * * * feloniously did *531then and there steal, take and cany away,” etc. At common law an indictment for…

2Cited by6 opinions

  1. State v. SegermondSupreme Court of Kansas · 1888
  2. Moody v. PeopleSupreme Court of Colorado · 1918
  3. State v. HarrisonSupreme Court of Missouri · 1941
  4. State v. O'ConnellSupreme Court of Missouri · 1898
  5. State v. WackerMissouri Court of Appeals · 1885

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