State v. Allen
Supreme Court of Missouri
Appeal from Jackson Criminal Court. — Hon. John W. YR>fford, Judge. (1) Defendant’s demurrer to the evidence should have been sustained. (2) The court erred in refusing instruction No. 2, asked by defendant. The question in the case was whether or not H. A. Eaunce was a fictitious name. This instruction submitted that question properly to the jury, and- should have been given. The court did not, by any instruction for the state, submit that question.
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Appeal from Jackson Criminal Court. — Hon. John W. YR>fford, Judge. (1) Defendant’s demurrer to the evidence should have been sustained. (2) The court erred in refusing instruction No. 2, asked by defendant. The question in the case was whether or not H. A. Eaunce was a fictitious name. This instruction submitted that question properly to the jury, and- should have been given. The court did not, by any instruction for the state, submit that question. (3) The court erred in refusing defendant’s instruction No. 3. It is impossible to conceive upon what theory the court refused that instruction.…
1Opinion of the CourtGantt, P. J.
The defendant was indicted and convicted in the criminal court of Jackson county at the September term, 1892, under the following count in the indictment:
*552“And the grand jurors aforesaid, upon their oath aforesaid, do further say and present that Charles F. Allen, at the county of Jackson, state of Missouri, on the thirteenth' day of August, 1892, unlawfully did have in his possession and custody a certain false, forged and counterfeit check purporting to be made by H. A. Faunce, a fictitious person, and purporting to be drawn on the Midland National Bank, a banking corporation duly organized…
2Cases cited4 opinions
- State v. KellySupreme Court of Missouri · 1881
- State v. YergerSupreme Court of Missouri · 1885
- State v. HawsSupreme Court of Missouri · 1889
- State v. BurdSupreme Court of Missouri · 1893
3Cited by10 opinions
- State v. WaterburySupreme Court of Iowa · 1907
- State v. PunshonSupreme Court of Missouri · 1894
- State v. EarleySupreme Court of Kansas · 1925
- Denis v. CommonwealthSupreme Court of Virginia · 1926
- State v. GorhamUtah Supreme Court · 1937
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