State v. Chamberlain
Supreme Court of Missouri
Appeal from, Sullivan Circuit Court. — Hon. G. D. Burgess, Judge. (1) The indictment is insufficient. Its allegations are inconsistent and repugnant. “If the indictment •sets out that the instrument ‘was signed’ by the person whose name it alleges to have been forged, it is repugnant and bad; because if it was signed by such person it was not signed by defendant.” 2 Bish. Or.
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Appeal from, Sullivan Circuit Court. — Hon. G. D. Burgess, Judge. (1) The indictment is insufficient. Its allegations are inconsistent and repugnant. “If the indictment •sets out that the instrument ‘was signed’ by the person whose name it alleges to have been forged, it is repugnant and bad; because if it was signed by such person it was not signed by defendant.” 2 Bish. Or. Proc., sec. 371. (2) The court erred in permitting defendant to be cross-examined as to matters not testified to by him in chief. R. S., sec. 1918 ; Slate ■». MeQraio, 74 Mo. 573; State v. McLaughlin, 76 Mo. 320; State…
1Opinion of the CourtShekwood, J.
The defendant was convicted on the ■second count of an indictment which is as follows: <!And the grand jurors aforesaid upon their oath aforesaid do further present that M. L. Chamberlain, on the ■seventeenth day of September, 1879, at the county of Sullivan, and state of Missouri, did unlawfully, fraudulently and feloniously utter as true and genuine, to one Warren McCullough, certain false, forged and counterfeit promissory notes, he the said M. L. Chamberlain then and there knowing the said promissory notes to be false, forged and counterfeited, of the purport following, to-wit: A note of…
2Cases cited11 opinions
- Pomeroy v. BentonSupreme Court of Missouri · 1882
- State v. PattersonSupreme Court of Missouri · 1885
- State v. WestSupreme Court of Missouri · 1879
- State v. FlintSupreme Court of Missouri · 1876
- State v. BurnsSupreme Court of Missouri · 1871
6 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Roberson v. StateSupreme Court of Florida · 1898
- Vernon v. United StatesCourt of Appeals for the Eighth Circuit · 1906
- State v. GravesSupreme Court of Missouri · 1888
- State v. FeeleySupreme Court of Missouri · 1906
- State v. HathhornSupreme Court of Missouri · 1901
17 more not listed; retrieve them via the Exa API.