State v. Mispagel
Supreme Court of Missouri
Appeal from St. Charles Circuit Court. — Row. Jas. D. Barnett, Judge. (1) The description of the property alleged in the information to have heen embezzled must be proved as laid. If the evidence showed that Mispagel embezzled anything, it was a draft, not money, as charged in the information. The variance is fatal.
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Appeal from St. Charles Circuit Court. — Row. Jas. D. Barnett, Judge. (1) The description of the property alleged in the information to have heen embezzled must be proved as laid. If the evidence showed that Mispagel embezzled anything, it was a draft, not money, as charged in the information. The variance is fatal. State v. Wissing, 187 Mo. 106; State v. Crosswhite, 130 Mo. 366; State v. Dodson, 72 Mo. 283; State v. Bacon, 170 Mo. 161; State v. Kroeger, 47 Mo. 530; State v. Schilb, 159 Mo. 142; Carr v. State, 104 Ala. 43; Lancaster v. State, 9 Tex. App. 393; Rex v. Kenna, L. R. 1 C. C. 113;…
1Opinion of the CourtFox, P. J.
— Defendant was tried and convicted in the circuit court of St. 'Charles county, and was by said court sentenced to serve two years in the penitentiary on an information in this language:
‘ ‘ Theodore C. Bruere, Prosecuting Attorney within and for the county of St. Charles, in the State of Missouri, upon his oath, informs the court that Anton F. Mispagel, late of the county of St. Charles aforesaid, on the 28th day of December, 1903, at the county of St. Charles aforesaid, and State aforesaid, being then and there an officer and agent, to-wit, the cashier of and for a certain incorporated…
2Cases cited17 opinions
- Swart v. KimballMichigan Supreme Court · 1880
- Ex parte SlaterSupreme Court of Missouri · 1880
- Commonwealth v. WoodMassachusetts Supreme Judicial Court · 1886
- Kossakowski v. PeopleIllinois Supreme Court · 1899
- State v. ShaefferSupreme Court of Missouri · 1886
12 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Bowen v. StateCourt of Appeals of Maryland · 1978
- Urciolo v. StateCourt of Appeals of Maryland · 1974
- State v. SalmonSupreme Court of Missouri · 1909
- People v. MeserosCalifornia Court of Appeal · 1910
- People v. BorchersCalifornia Supreme Court · 1926
23 more not listed; retrieve them via the Exa API.