State v. Kelly
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. H. D. Wood, Judge. The indictment is fatally defective and does not state an offense. State v. Phelan, 159 Mo. 122. The indictment follows the language of the statute and sufficiently charges the offense, and is in every wa,y sufficient. The defendant relies upon State v. Phelan, 159 Mo. 122, as his authority for the charge of insufficiency of the indictment.
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Appeal from St. Louis City Circuit Court. — Hon. H. D. Wood, Judge. The indictment is fatally defective and does not state an offense. State v. Phelan, 159 Mo. 122. The indictment follows the language of the statute and sufficiently charges the offense, and is in every wa,y sufficient. The defendant relies upon State v. Phelan, 159 Mo. 122, as his authority for the charge of insufficiency of the indictment. An examination of the opinion by Judge Gantt in that case reveals that the indictment in this case is sustained by the law. Nothing is left to inference. The only defect the court found in…
1Opinion of the CourtBurgess, J.
Defendant was convicted in tbe circuit court of tbe city of St. Louis, and ber punishment fixed at two years’ imprisonment in tbe penitentiary, under an indictment charging ber with obtaining household furniture from Mueller Brothers Furniture & Carpet Company of the value of $81.95, by means of false and fraudulent pretenses and representations. She appeals.
While tbe indictment alleges that by reason of tbe false and fraudulent pretenses and representations of defendant, Mueller Brothers Furniture & Carpet Company “was induced to sell and deliver” to ber furniture and a carpet on credit, it…
2Cases cited2 opinions
- State v. PhelanSupreme Court of Missouri · 1900
- State v. HubbardSupreme Court of Missouri · 1902
3Cited by7 opinions
- State v. BowdrySupreme Court of Missouri · 1940
- State v. YoungSupreme Court of Missouri · 1916
- State v. GarnerSupreme Court of Missouri · 1968
- State v. ChickSupreme Court of Missouri · 1920
- State v. FoleySupreme Court of Missouri · 1913
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