State v. Fawcett
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. George H. Williams, Judge. (1) The motion to qnash the indictment should have been sustained: (a) Because it does not allege in said indictment that appellant was not Fred Fink, and because it does not allege that appellant voted “by” impersonating Fred Fink, but it alleges that he did impersonate Fred Fink “and” voted, (b) Because count one of. said indictment charges more than one offense.
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Appeal from St. Louis City Circuit Court. — Hon. George H. Williams, Judge. (1) The motion to qnash the indictment should have been sustained: (a) Because it does not allege in said indictment that appellant was not Fred Fink, and because it does not allege that appellant voted “by” impersonating Fred Fink, but it alleges that he did impersonate Fred Fink “and” voted, (b) Because count one of. said indictment charges more than one offense. R. S. 1899, secs. 2114, 7178, 7261; Laws 1903, sec. 2120k, p. 155. (2) The motion made by defendant at the close of the State’s case, to instruct the jury…
1Opinion of the CourtFox, P. J.
— This cause is brought to this court by appeal on the part of the defendant from a judgment in the circuit court of the city of St. Louis, convicting him of the offense of feloniously impersonating another person and voting at an election held in the city of St. Louis.
The grand jury impaneled in the circuit court of the city of St. Louis at the April term, 1907, of said court, returned into court on the 10th day of May, 1907, an indictment charging the defendant with the offense of feloniously impersonating another person and voting at a general election in one of the voting precincts of the…
2Cases cited5 opinions
- St. Louis & San Francisco Railway Co. v. Evans & Howard Fire Brick Co.Supreme Court of Missouri · 1884
- Ex parte MarmadukeSupreme Court of Missouri · 1886
- State v. BullingSupreme Court of Missouri · 1889
- State v. BrownSupreme Court of Missouri · 1907
- State v. FielderSupreme Court of Missouri · 1908
3Cited by6 opinions
- State ex rel. United Railways Co. v. Public Service CommissionSupreme Court of Missouri · 1917
- State ex rel. Killoran v. CalhounMissouri Court of Appeals · 1919
- State v. KellerSupreme Court of Missouri · 1924
- State v. WhalenSupreme Court of Missouri · 1923
- Walker v. FritzMissouri Court of Appeals · 1912
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