State v. Williams
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. No punishment for a common law offense can be imposed which is for life or indefinite or unlimited. Cooley’s Const. Lim., (3 Ed.) p. 328; Lone v. People, 5 Park. 364; State v. Lanforth, 3 Conn. 115; Oakley v. Aspinwall, 3 Comst. 568. The statute allows the pleading of conclusions of law, and is a special law applying only to a certain class of defendants and not uniformly to all.
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Appeal from St. Louis Court of Appeals. No punishment for a common law offense can be imposed which is for life or indefinite or unlimited. Cooley’s Const. Lim., (3 Ed.) p. 328; Lone v. People, 5 Park. 364; State v. Lanforth, 3 Conn. 115; Oakley v. Aspinwall, 3 Comst. 568. The statute allows the pleading of conclusions of law, and is a special law applying only to a certain class of defendants and not uniformly to all. Wiggins v. Graham,, 51 Mo. 17; Pier v. Leinrichoffen, 52 Mo. 333. Defendant’s imprisonment in the penitentiary could only be proved by the record. State v. Rugan, 68 Mo. 214.
1Opinion of the CourtNorton, J.
The indictment in this case is based on section 1561 of the Revised Statutes, and charges defend-, ant with the crime of obtaining $3.10, the property of another, by the use of a trick, deception and false representation. He was tried, convicted and sentenced to two *312years’ imprisonment in the penitentiary, which judgment was affirmed on defendant’s appeal to the St. Louis court of appeals, and from this judgment of affirmance he has appealed to this court; and the first point urged by counsel as a ground for reversal is, that said section 1561, on which the indictment is framed, is in…
2Cases cited2 opinions
- State v. FancherSupreme Court of Missouri · 1880
- James v. CommonwealthSupreme Court of Pennsylvania · 1825
3Cited by41 opinions
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- Ex Parte GranvielCourt of Criminal Appeals of Texas · 1978
- State v. HoustonUtah Supreme Court · 2015
- State v. HeppermanSupreme Court of Missouri · 1942
- In Re McNaughtCourt of Criminal Appeals of Oklahoma · 1909
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