State v. Bayne
Supreme Court of Missouri
Appeal from Jaclcson■ Criminal Court. — I-Ion. H. P. White, Judge. (1) The motion to quash should have been sustained. It was necessary to allege and prove that the money was obtained with intent to cheat and defraud. E. S., sec. 1561 ; State v. Faneher, 71 Mo. 460. (2) Defendant’s demurrer to the evidence should. have been sustained.
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Appeal from Jaclcson■ Criminal Court. — I-Ion. H. P. White, Judge. (1) The motion to quash should have been sustained. It was necessary to allege and prove that the money was obtained with intent to cheat and defraud. E. S., sec. 1561 ; State v. Faneher, 71 Mo. 460. (2) Defendant’s demurrer to the evidence should. have been sustained. There is nothing whatever in the evidence to show that defendant intended to cheat or -defraud the witness, neither is there ány trick or other thing developed by the testimony which constitutes any offence whatever under section 1561. Rainey n. People, 22 N. Y.…
1Opinion of the CourtNobton, J.
This indictment is framed on section 1561, Revised Statutes, and follows the form prescribed in said section and is sufficient, under the rulings of this court, in the cases of State v. Fancher, 71 Mo. 460; State v. Connelly, 73 Mo. 235, and State v. Norton, 76 Mo. 180.
At the close of the evidence on the part of the state, défendant asked an instruction in the nature of a demurrer to the evidence, which was overruled, and this action of the court is assigned as error.
The disposition of this question involves a consideration of the evidence, which is substantially as follows:
Brooker, whose…
2Cases cited6 opinions
- State v. MyersSupreme Court of Missouri · 1884
- State v. FancherSupreme Court of Missouri · 1880
- State ex rel. Peirce v. MerrittSupreme Court of Missouri · 1879
- State v. VorbackSupreme Court of Missouri · 1877
- State v. ConnellySupreme Court of Missouri · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Farmer v. StateSupreme Court of Georgia · 1896
- Bates v. StateCourt of Appeals of Georgia · 1916
- State v. WilsonSupreme Court of Missouri · 1909
- State v. WilliamsonSupreme Court of Missouri · 1891
- Davis v. VoriesSupreme Court of Missouri · 1897
13 more not listed; retrieve them via the Exa API.