Legal Opinion

State v. Turley

Supreme Court of Missouri

Decided February 1, 1898PublishedCited by 15 opinions

Appeal from Greene County Criminal Court. — Hon. C. B. McAfee, Judge. (1) The indictment is insufficient for the reason that it fails to state that the defendant feloniously intended to cheat and defraud the Springfield Stove Works, the corporation in question. State v. McGhesney, 90 Mo. 120; State v. Horn, 93 Mo. 190. (2) The court erred in admitting illegal and irrelevant testimony as shown particularly on pages 1, 2, 3 and 4 of the bill of exceptions.

Read the full summary

Appeal from Greene County Criminal Court. — Hon. C. B. McAfee, Judge. (1) The indictment is insufficient for the reason that it fails to state that the defendant feloniously intended to cheat and defraud the Springfield Stove Works, the corporation in question. State v. McGhesney, 90 Mo. 120; State v. Horn, 93 Mo. 190. (2) The court erred in admitting illegal and irrelevant testimony as shown particularly on pages 1, 2, 3 and 4 of the bill of exceptions. (3) The verdict does not designate the punishment that the defendant was to receive. (4) Instruction numbered 1 assumes that the defendant…

1Opinion of the CourtBurgess, J.

At' the July term, 1897, of the Greeny county criminal court, defendant was convicted of obtaining certain personal property of the alleged value of $63 by fraud and fraudulent pretenses, from the Springfield Stove Works in said county, and his punishment fixed at two years’ imprisonment in the penitentiary. From the judgment and sentence he appeals.

The material parts of the indictment are as follows: “The grand jurors of the State of Missouri, impaneled, sworn and charged to inquire within and for the body of Greene county, upon their oath present that one E. H. Turley, late of the county…

2Cited by15 opinions

  1. Wallace v. StateSupreme Court of Florida · 1899
  2. Mathews v. StateCourt of Criminal Appeals of Oklahoma · 1921
  3. State v. WilsonSupreme Court of Missouri · 1909
  4. State v. MeiningerSupreme Court of Missouri · 1925
  5. State v. NienaberSupreme Court of Missouri · 1941

10 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API