Legal Opinion

State v. Plotner

Supreme Court of Missouri

Decided June 4, 1920PublishedCited by 5 opinions

Appeal from Jackson Circuit Court. — Ron. E. E. Porter-field, Judge. (1) If. the making of the entry set out in the information was a crime, it was not defendant’s crime, but Kornfeldt’s, for all the evidence is that the entry was made in direct violation of defendant’s instructions.

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Appeal from Jackson Circuit Court. — Ron. E. E. Porter-field, Judge. (1) If. the making of the entry set out in the information was a crime, it was not defendant’s crime, but Kornfeldt’s, for all the evidence is that the entry was made in direct violation of defendant’s instructions. Bishop New Criminal Law (8 Ed.), sec. 637 and note; 1 Wharton on Criminal Law, sec. 647; State v. Lucas, 55 Iowa, 321; Watts v. State, 5 W. Ya. 532!; State v. May, 142 Mo» 152. (2) There was no intent to defraud. The entry was not made for such purpose, did not carry out, nor aid in effectuating such purpose, hut…

1Opinion of the Court

The defendant was convicted in the Circuit Court of Jackson County, of forgery in the third degree, in violation of Section 4653, Revised Statutes 1909, and appealed. The amended information on which he was tried (caption and signatures omitted) is as follows:

"Now comes Hunt C. Moore, prosecuting attorney for the State of Missouri, in and for the body of the County of Jackson, and upon his oath informs the court that John Edward Kornfeldt and James A. Plotner, whose Christian names in full are unknown to said prosecuting attorney, late of the county aforesaid, on the 14th day of September,…

2Cases cited13 opinions

  1. In re Estate of SoulardSupreme Court of Missouri · 1897
  2. Sneathen v. SneathenSupreme Court of Missouri · 1891
  3. Standiford v. StandifordSupreme Court of Missouri · 1888
  4. Thomas v. ThomasSupreme Court of Missouri · 1891
  5. State v. DarlingSupreme Court of Missouri · 1909

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

3Cited by5 opinions

  1. State v. ChernickSupreme Court of Missouri · 1955
  2. State v. SmallSupreme Court of Missouri · 1926
  3. State v. MorroSupreme Court of Missouri · 1926
  4. State v. TurnerSupreme Court of Missouri · 1981
  5. State v. TurnerSupreme Court of Missouri · 1981

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