State v. Terry
Supreme Court of Missouri
Appeal from St. Lotcis Criminal Cov/rt. — Hon. J. L. Thomas, Judge. (1) The form given in section 3826, Eevised 'Statuses, 1889, under which this indictment is framed, -must be declared unconstitutional. State v. Clay, 100 Mo. 571. The indictment does not follow the statutory form. (2) The indictment erroneously charges a number of separate and distinct offenses in one count, to-wit, “to cheat and defraud.” First.
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Appeal from St. Lotcis Criminal Cov/rt. — Hon. J. L. Thomas, Judge. (1) The form given in section 3826, Eevised 'Statuses, 1889, under which this indictment is framed, -must be declared unconstitutional. State v. Clay, 100 Mo. 571. The indictment does not follow the statutory form. (2) The indictment erroneously charges a number of separate and distinct offenses in one count, to-wit, “to cheat and defraud.” First. By means and by use of false and fraudulent representation and statement; Second. By means and by use of a trick,, a fraud, a deception, a confidence game. It does not. individuate…
1Opinion of the CourtSherwood, C. J.
The -defendant was jointly indicted with several other persons under the provisions of section 3826, Revised Statutes, 1889, which section is as follows: “ Every person who, with intent to cheat and defraud, shall obtain or attempt to obtain from any other person or persons any money, property or valuable thing whatever, by means or by use of any trick or deception or false or fraudulent representation *604or statement or pretense, or by any other means or instrument or device, commonly called ‘ the confidence •game/ or by means or by use of any false or bogus check, or by any pther written or…
2Cases cited29 opinions
- United States v. CruikshankSupreme Court of the United States · 1876
- United States v. CarllSupreme Court of the United States · 1882
- United States v. CookSupreme Court of the United States · 1872
- United States v. MillsSupreme Court of the United States · 1833
- Morton v. PeopleIllinois Supreme Court · 1868
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3Cited by40 opinions
- Pine v. CommonwealthCourt of Appeals of Virginia · 1917
- Kirkland v. Bixby.Supreme Court of Missouri · 1920
- State v. TevisMissouri Court of Appeals · 1960
- Scott v. HarshbargerWest Virginia Supreme Court · 1935
- State v. CunninghamSupreme Court of Missouri · 1964
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