State v. Kelly
Missouri Court of Appeals
Appeal from St. Louis Court of Criminal Correction.— Hon. Wm. C. Jones, Judge. (1) The indictment maybe placed either under R. S. 1899, sec. 2346, or sec. 2105. Preferably the latter, but one of the two must apply. (2) The indictment may .best be assigned to section 2105, which is not a penalty 'clause. The duty here is imposed by the implied prohibition of the charter. (3)' ;The indictment sufficiently charges “corruption,” if it be necessary.
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Appeal from St. Louis Court of Criminal Correction.— Hon. Wm. C. Jones, Judge. (1) The indictment maybe placed either under R. S. 1899, sec. 2346, or sec. 2105. Preferably the latter, but one of the two must apply. (2) The indictment may .best be assigned to section 2105, which is not a penalty 'clause. The duty here is imposed by the implied prohibition of the charter. (3)' ;The indictment sufficiently charges “corruption,” if it be necessary. See State v. Hatch, 116 F. C. 1003; P. v. Bedell, 2 Hill 196; Rex v. Holland, 5 D. & E. 623, 1. c.; People v. Norton, 7 Barbour 479, 1. c.; Rex v.…
1Opinion of the CourtBland, P. J.
— The indictment is as follows: “State of Missouri, city of St. Louis, ss.:
‘ ‘ Circuit court, city of St. Louis, April Term, 1902.
“The grand jurors of the State of Missouri, within and for the body of the city of St. Louis now here in court duly impaneled, sworn and charged, upon their oaths present; that one Charles F. Kelly, at the.city of St. Louis aforesaid, and on or about the third day of February in the year one thousand, nine hundred and two, was a public officer of the said city of St. Louis, and an officer and a person holding a public trust in and for the said city of St. Louis,…
2Cases cited2 opinions
- Ellison v. . ColemanSupreme Court of North Carolina · 1882
- Vaughn v. EnglishCalifornia Supreme Court · 1857
3Cited by3 opinions
- State v. KlineMissouri Court of Appeals · 1986
- State Ex Rel. Alton v. WatermanSupreme Court of Connecticut · 1920
- State Ex Rel. Thompson v. DavisSupreme Court of Florida · 1936