State v. Levy
Supreme Court of Missouri
Error to Ciarle Circuit Court. — Hon. Ben E. Turner, Judge.. (1) This court has jurisdiction to hear and determine this writ of error, although no motion in arrest of judgment was made in the court below. State v. Fleming, 22 S. W. Eep. 1024; State v. Meyers, 99 Mo. loc. cit. 112; State v. Van Matre, 49 Mo. 268; State v. Vaughn, 26 Mo. 29; McGee v. State, 8 Mo. star p. 495; Mathews and Garner cases, 18 Grattan, 989. (2) The. indictment will not support a judgment.
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Error to Ciarle Circuit Court. — Hon. Ben E. Turner, Judge.. (1) This court has jurisdiction to hear and determine this writ of error, although no motion in arrest of judgment was made in the court below. State v. Fleming, 22 S. W. Eep. 1024; State v. Meyers, 99 Mo. loc. cit. 112; State v. Van Matre, 49 Mo. 268; State v. Vaughn, 26 Mo. 29; McGee v. State, 8 Mo. star p. 495; Mathews and Garner cases, 18 Grattan, 989. (2) The. indictment will not support a judgment. It charges several and distinct offenses in one count and fails to inform the defendants of the nature and cause of the accusation…
1Opinion of the Court
Sherwood, JV
The defendants, at the October term, 1891, were indicted with one Jackson, under the provisions of section 3826, Revised Statutes, 1889, being charged with attempting to obtain money 1 ‘by means and by use of a cheat and a fraud and a trick, and deception, and fraudulent representation, and a false pretense, and á confidence game.”
Jackson, on the overruling of their joint demurrer, went to trial; but the defendants, Levy and Haight, pleaded guilty and each received a sentence of four years in the penitentiary, where they are at present confined.
I. Peeling aggrieved in law if not…
2Cases cited7 opinions
- State v. MeyersSupreme Court of Missouri · 1889
- State v. TerrySupreme Court of Missouri · 1891
- McGee v. StateSupreme Court of Missouri · 1844
- State v. CameronSupreme Court of Missouri · 1893
- State v. Van MatreSupreme Court of Missouri · 1872
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- State v. RosenblattSupreme Court of Missouri · 1904
- State v. KelleySupreme Court of Missouri · 1907
- State v. AshworthSupreme Court of Missouri · 1940
- State v. FrakerSupreme Court of Missouri · 1899
- State v. DouglasSupreme Court of Missouri · 1914
9 more not listed; retrieve them via the Exa API.