State v. Pinger
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. I. Corruption is neither an element in, nor a constituent part of the offense created by the act of March 20th, 1872. (Adj. Sess. Acts, 1872, p. 59.) Therefore it is not necessary to allege in the indictment that it was done corruptly. (Bish. Stat. Cr., § 371.) Where a statute forbids the doing of an act under a penalty, the person doing such act is indictable without the addition of corrupt motives. (Wliart. Pr.
Read the full summary
Appeal from Buchanan Circuit Court. I. Corruption is neither an element in, nor a constituent part of the offense created by the act of March 20th, 1872. (Adj. Sess. Acts, 1872, p. 59.) Therefore it is not necessary to allege in the indictment that it was done corruptly. (Bish. Stat. Cr., § 371.) Where a statute forbids the doing of an act under a penalty, the person doing such act is indictable without the addition of corrupt motives. (Wliart. Pr. Ind. & PL, vol. 1, ch. 2, p. 20.) Where the appropriation voted for is for a purpose not directed and warranted by law, and the justice so voting…
1Opinion of the CourtWagNER, Judge
This was an indictment under the act approved March 20, 1872,(Adj. Sess.Acts, 1872, p. 59) for an abuse of a public trust. The indictment charges that the defendant was a justice of the County Court of Buchanan county, and that as one of said justices, while the court was in session, he voted for and made an appropriation out of the public funds to pay a certain claim, aud appropriated and paid the same out of the public money, well knowing that the appropriation and payment were illegal, and for a purpose not warranted and directed by law; and that he knowingly and feloniously did vote for…
2Cases cited2 opinions
- Hempstead v. DarbySupreme Court of Missouri · 1828
- State v. HeinSupreme Court of Missouri · 1872
3Cited by6 opinions
- State v. BoydSupreme Court of Missouri · 1906
- Burkharth v. StephensMissouri Court of Appeals · 1906
- Missouri v. RagsdaleMissouri Court of Appeals · 1894
- State v. FlynnMissouri Court of Appeals · 1906
- State v. GrassleMissouri Court of Appeals · 1898
1 more not listed; retrieve them via the Exa API.