State v. Wilson
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. John W. Wofford, Judge. (1) The indictment is defective: First. It does not aver that the “contract for the purchase” was made designedly and with intent to cheat and defraud. Second. It does not aver that defendants designedly and with intent to cheat and defraud agreed to pay cash on delivery. Third. It does not aver that defendants designedly and with intent to cheat and defraud obtained possession of the goods. Fourth.
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Appeal from Jackson Circuit Court. — Hon. John W. Wofford, Judge. (1) The indictment is defective: First. It does not aver that the “contract for the purchase” was made designedly and with intent to cheat and defraud. Second. It does not aver that defendants designedly and with intent to cheat and defraud agreed to pay cash on delivery. Third. It does not aver that defendants designedly and with intent to cheat and defraud obtained possession of the goods. Fourth. It utterly fails to charge that Stanton B. Willock then and there delivered the goods to the defendants in pursuance of said…
1Opinion of the CourtGantt, P. J.
This is an appeal from the criminal court'of Jackson county from a conviction under section 3564, Revised Statutes 1889, for fraudulently and feloniously obtaining merchandise under an agreement to be paid for on delivery and fraudulently selling and disposing of the same before paying or satisfying the owner therefor. There were three counts in the indictment, but as the State dismissed as to the second and *340third counts before or at the trial, the sufficiency of the second and third counts will not be noticed further.
The first count is in these words: “The grand jurors for the State of…
2Cases cited12 opinions
- Wood v. United StatesSupreme Court of the United States · 1842
- Smith v. . People of the State of N.Y.New York Court of Appeals · 1873
- State v. MyersSupreme Court of Missouri · 1884
- State v. GilmoreSupreme Court of Missouri · 1892
- State v. ArmstrongSupreme Court of Missouri · 1891
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Wallace v. StateSupreme Court of Florida · 1899
- State v. SpraySupreme Court of Missouri · 1903
- State v. WilsonSupreme Court of Missouri · 1909
- State v. MeiningerSupreme Court of Missouri · 1925
- State v. DonaldsonSupreme Court of Missouri · 1912
3 more not listed; retrieve them via the Exa API.