State v. Mohr
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Hon. Joseph Cravens, Judge. Indictment quashed for insufficient averments. State appeals. .The indictment was found under Wag. Stat., sec. 35, p. 458, for embezzling money of a co-partnership; and the names of the individual partners is immaterial. Wag.
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Appeal from Jasper Circuit Court. — Hon. Joseph Cravens, Judge. Indictment quashed for insufficient averments. State appeals. .The indictment was found under Wag. Stat., sec. 35, p. 458, for embezzling money of a co-partnership; and the names of the individual partners is immaterial. Wag. Stat., sec. 27, p. 1090, provides: “ No indictment shall be deemed invalid * • * for any defect or imperfection which does not tend to the prejudice of the substantial rights of the defendant upon the merits,” and sec. 22, p. 1089 provides that no defect in name of any party, &c., shall be material unless…
1Opinion of the CourtNorton, J.
Defendant was indicted at the September term, 1877, of the Jasper county circuit court under Wag. Stat., sec. 35, p. 458. The indictment contains two counts both of which, on defendants motion, were quashed, and judgment rendered, from which the State has appealed. The indictment in the first count alleges that defendant at, &c., being the agent and collector of a co-partnership, torwit: Wm. C. Wilson & Bro., (and over the age of sixteen,) without, the consent of said Wilson & Bro., did unlawfully and feloniously convert to his own use and embezzle the sum of $1,050 of money, the property of…
2Cases cited2 opinions
- State v. StubblefieldSupreme Court of Missouri · 1862
- People v. Ah SingCalifornia Supreme Court · 1862
3Cited by11 opinions
- State v. AdamsSupreme Court of Missouri · 1891
- State v. HarmonSupreme Court of Missouri · 1891
- State v. LundrySupreme Court of Missouri · 1950
- State v. BlakemoreSupreme Court of Missouri · 1910
- Pueblo v. MatosSupreme Court of Puerto Rico · 1923
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