State v. Dines
Supreme Court of Missouri
Appeal from St. Louis -City Circuit Court.— Eon. Daniel G. Taylor, Judge. The State’s evidence did not warrant submission of the case to the jury, and the instruction to that effect asked by defendant should have been given.
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Appeal from St. Louis -City Circuit Court.— Eon. Daniel G. Taylor, Judge. The State’s evidence did not warrant submission of the case to the jury, and the instruction to that effect asked by defendant should have been given. Before’ a transaction can be successfully impeached on account of alleged false and fraudulent representations, the well-established doctrine, even in civil actions, is that five elements must concur: 1. The party charged must have made some representation of a material fact; 2. Such representation must have been false; 3. It must have been made for the purpose of…
1Opinion of the CourtFox, P. J.
This cause is now pending in this court upon appeal by the defendant from a judgment of the circuit court of the city of St. Louis, convicting him of obtaining property under false pretenses. Omitting formal parts, the indictment upon which this prosecution and judgment is predicated, is as follows:
“The grand jurors of the State of Missouri, within and for the body of the city of St. Louis, now here in court, duly impaneled, sworn and charged, upon their oaths present that: William C. Dines, then and there pretending a desire to sell'the lands hereinafter described, on or about the twentieth…
2Cases cited1 opinion
- State v. ChunnSupreme Court of Missouri · 1853
3Cited by3 opinions
- State v. YoungSupreme Court of Missouri · 1916
- State v. BenhamSupreme Court of Minnesota · 1926
- Sexton v. Danklin CountySupreme Court of Missouri · 1922