State v. Peyton
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court . — Mon. Charles C. Allen, Judge. (1) The principal ground of the motion to quash in this case was based upon the theory that section 31 of the Act of 1907 regarding primary elections did not designate the offense charged in the indictment.
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Appeal from St. Louis City Circuit Court . — Mon. Charles C. Allen, Judge. (1) The principal ground of the motion to quash in this case was based upon the theory that section 31 of the Act of 1907 regarding primary elections did not designate the offense charged in the indictment. This section (Laws 1907, p. 269) undertook to .define certain offenses under the act, and in one general sweeping clause provided that “any act declared an offense by the general laws of this State concerning caucuses and elections shall also in like case be an offense in all primaries and shall be punished in the…
1Opinion of the CourtFerriss, J.
— The defendant attempted, at a general primary election held in St. Louis on August •4th, 1908, to vote in the name of Peter B. Bysor, who was a duly qualified and registered voter. Proceedings were instituted against defendant, which resulted in his conviction of the offense of attempting to vote in a name not his own, and sentence to the penitentiary.
The indictment is drawn under section 4442, Revised Statutes 1909, which makes it a felony for one to attempt to vote in a name “not his own.” The defendant filed a motion to quash the indictment upon the following grounds :
“1st. The…
2Cases cited8 opinions
- Republic Iron & Steel Co. v. StateIndiana Supreme Court · 1903
- Ex parte ArnoldSupreme Court of Missouri · 1895
- People v. HuntleyMichigan Supreme Court · 1897
- State v. WhitakerSupreme Court of Missouri · 1901
- Cohn v. PeopleIllinois Supreme Court · 1894
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Jackson v. StateCourt of Criminal Appeals of Oklahoma · 1923
- State ex rel. Rainwater v. RossSupreme Court of Missouri · 1912
- General Installation Company v. University CitySupreme Court of Missouri · 1964
- Meadow Park Land Co. v. School DistrictSupreme Court of Missouri · 1923
- State Ex Rel. Lorantos v. TerteSupreme Court of Missouri · 1929
4 more not listed; retrieve them via the Exa API.