State v. Samuels
Supreme Court of Missouri
Appeal from Boone Circuit Court. — Hon. John A. Hockaday, Judge. (1) The indictment is defective and bad for the reason that no definite time is fixed when the alleged offense was committed; this is necessary, especially when the only defense is an alibi. Ewen v. State, 13 Mo. 306.; State v. Hayes, 24 Mo. 358; 1 Chit. Crim. Law, 179; 1 Arch. Crim. PI. 83; Wharton’s Crim. PL & Pr. [8 Ed.], sec. 123; Clark v. State, 34 Ind. 436; Kelley’s Crim. Law, sec. 182; 1 Bishop on Crim.
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Appeal from Boone Circuit Court. — Hon. John A. Hockaday, Judge. (1) The indictment is defective and bad for the reason that no definite time is fixed when the alleged offense was committed; this is necessary, especially when the only defense is an alibi. Ewen v. State, 13 Mo. 306.; State v. Hayes, 24 Mo. 358; 1 Chit. Crim. Law, 179; 1 Arch. Crim. PI. 83; Wharton’s Crim. PL & Pr. [8 Ed.], sec. 123; Clark v. State, 34 Ind. 436; Kelley’s Crim. Law, sec. 182; 1 Bishop on Crim. Proc., sec. 386. (2) When the alleged forged check is set out in haec verba in the indictment, the slightest variance in…
1Opinion of the CourtSherwood, J.
The defendantis a negro. He was in the employ of Dr. Cutler as house servant. Uttering a forged check is the rock upon which he split, or at least it is that on which this prosecution is based. The jury found him guilty under the second count, assessing punishment at five years in the penitentiary.
The second count referred to is the following: “And the grand jurors aforesaid, on their oaths aforesaid, do further say and present that the said Jake Samuels, at the county of Boone and State of Missouri, on the - day of May, 1897, a certain false, forged and counterfeit check, purporting to be…
2Cases cited7 opinions
- State v. MeyersSupreme Court of Missouri · 1889
- State v. YergerSupreme Court of Missouri · 1885
- State v. TurleySupreme Court of Missouri · 1898
- Commonwealth v. LuscombMassachusetts Supreme Judicial Court · 1880
- State v. GulletteSupreme Court of Missouri · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State v. ChickSupreme Court of Missouri · 1920
- State v. HarrisSupreme Court of Missouri · 1908
- Meeks v. KaiserCourt of Appeals for the Eighth Circuit · 1942
- State v. HascallSupreme Court of Missouri · 1920
- State v. McGrathSupreme Court of Missouri · 1910
5 more not listed; retrieve them via the Exa API.