Legal Opinion

State v. Pfeifer

Supreme Court of Missouri

Decided February 15, 1916PublishedCited by 24 opinions

Appeal from St. Louis City Circuit Court. — Hon. W. T. Jones, Judge. (1) Section 4725-, R. S. 1909, was repealed and. reenacted by the General Assembly in 1911 (see Laws 1911, p. 198). Tbe amendment of 1911 does not make tbe act set out in tbe information, nor testified to in the evidence, a crime. The act charged did not constitute an offense at common law nor does it constitute an offense under tbe statute.

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Appeal from St. Louis City Circuit Court. — Hon. W. T. Jones, Judge. (1) Section 4725-, R. S. 1909, was repealed and. reenacted by the General Assembly in 1911 (see Laws 1911, p. 198). Tbe amendment of 1911 does not make tbe act set out in tbe information, nor testified to in the evidence, a crime. The act charged did not constitute an offense at common law nor does it constitute an offense under tbe statute. Since tbe statutes of Missouri do not undertake to define tbe meaning of the phrase, ‘ ‘ The abominable and detestable crime against nature,” but merely prescribe a punishment, we must…

1Opinion of the CourtFaris, P. J.

Defendant appeals from a conviction in the circuit court of the city of St. Louis on the charge of sodomy, and a resulting sentence in accord*27anee with the verdict to imprisonment in the penitentiary for a term of two years.

The case is a companion case to that of State v. Katz, decided at this term, and officially reported in 266 Mo. 493. The facts and the acts of defendant here were the same as the facts and the acts of defendant Katz in the case supra. They transpired at the same time and place and were perpetrated upon the identical victim, one Mary Emmenegger. The only difference in the…

2Cases cited33 opinions

  1. State v. MillerSupreme Court of Missouri · 1900
  2. State v. PatrickSupreme Court of Missouri · 1891
  3. State v. LarkinSupreme Court of Missouri · 1913
  4. State v. AndersonSupreme Court of Missouri · 1913
  5. State v. McCarverSupreme Court of Missouri · 1906

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

3Cited by24 opinions

  1. State v. CrawfordSupreme Court of Missouri · 1972
  2. State v. ScownSupreme Court of Missouri · 1958
  3. State v. SwinburneSupreme Court of Missouri · 1959
  4. State v. OswaldSupreme Court of Missouri · 1957
  5. State v. ReichSupreme Court of Missouri · 1922

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

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