Legal Opinion

State v. Moran

Supreme Court of Missouri

Decided February 2, 1909PublishedCited by 13 opinions

Appeal from St. Louis City Circuit Court. — Hon. Hugo, Muench, Judge. (1) The indictment in form and substance is sufficient to charge the crime of perjury. R. S. 1899, secs. 2033, 2039; State v. Huckeley, 87 Mo. 414; State v. Powers, 136 Mo. 196; State v. Nelson, 146 Mo. 256. (2) The demurrer to defendant’s plea in abatement to the indictment was properly sustained.

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Appeal from St. Louis City Circuit Court. — Hon. Hugo, Muench, Judge. (1) The indictment in form and substance is sufficient to charge the crime of perjury. R. S. 1899, secs. 2033, 2039; State v. Huckeley, 87 Mo. 414; State v. Powers, 136 Mo. 196; State v. Nelson, 146 Mo. 256. (2) The demurrer to defendant’s plea in abatement to the indictment was properly sustained. The law requiring a preliminary examination in felony cases before the filing of an information did not become effective until July 14, 1907, a date subsequent to the date of said robbery trial. At the time the information was…

1Opinion of the CourtFox, J.

This cause is brought to this court upon appeal by the defendant from a judgment of conviction, in the circuit court of the city of St. Louis, of the offense of perjury.

At the December term of the circuit court of the city of St. Louis, and on the 23d day of December, 1907, the grand jury of said city returned an indictment against the defendant, charging him with having committed willful and corrupt perjury while testifying on the 1st day of July, 1907, in said circuit court, on a material issue in a cause then on trial wherein the State of Missouri was plaintiff and William J. Moran,…

2Cases cited6 opinions

  1. Commonwealth v. BonnerMassachusetts Supreme Judicial Court · 1867
  2. State v. FannonSupreme Court of Missouri · 1900
  3. State v. HuckebySupreme Court of Missouri · 1885
  4. United States v. LandsbergU.S. Circuit Court for the District of Southern New York · 1882
  5. State v. PowersSupreme Court of Missouri · 1896

1 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. State v. SwisherSupreme Court of Missouri · 1953
  2. Ex Parte MetcalfCourt of Criminal Appeals of Oklahoma · 1913
  3. United States v. BressiDistrict Court, W.D. Washington · 1913
  4. State v. HardimanSupreme Court of Missouri · 1919
  5. Wright v. StateCourt of Criminal Appeals of Oklahoma · 1925

8 more not listed; retrieve them via the Exa API.

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