Legal Opinion

State v. Fitzgerald

Missouri Court of Appeals

Decided January 25, 1886PublishedCited by 3 opinions

Appeal from Johnson Circuit Court, Hon. John E. Hyland, Judge. The case is sufficiently stated in the opinion of the court. I. In cases of written or printed libel the proof must agree with the indictment in every particular essential to the identity, and a variance in any of these particulars is .fatal. Greenl. Evid., sect. 167 (Ed. 1868); 1 Bishop Crim. Proc., sect. 530 (Ed. 1880). Neither “frod,” nor “frad,” is idem sonans with fraud, set out in the information.

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Appeal from Johnson Circuit Court, Hon. John E. Hyland, Judge. The case is sufficiently stated in the opinion of the court. I. In cases of written or printed libel the proof must agree with the indictment in every particular essential to the identity, and a variance in any of these particulars is .fatal. Greenl. Evid., sect. 167 (Ed. 1868); 1 Bishop Crim. Proc., sect. 530 (Ed. 1880). Neither “frod,” nor “frad,” is idem sonans with fraud, set out in the information. The information should have averred precisely the word as it was written and explained by innuendoes. Greenl. Evid. supra; Bishop…

1Opinion of the CourtEllison, J.

The defendant was indicted, tried and convicted for a libei on one A. F. Bean, who was an insurance agent, registered at defendant’s hotel, known as the ‘ ‘ Bell House. ’ ’ The registry, as appears from the charge, was “A. P. Dean, of St. Louis.” The libel consisted in writing the word “fraud” after the registry, so that it appeared upon the book as “A. P. Dean, St. Louis, Fraud. ”

The evidence tended to show that Dean was compelled to leave the hotel almost immediately after he had registered his name on account of the offensive conduct of defendant. That defendant wrote the word “fraud” on…

2Cases cited1 opinion

  1. Pike v. RobertsonSupreme Court of Missouri · 1883

3Cited by3 opinions

  1. State v. MasonOregon Supreme Court · 1894
  2. Paducah Distilleries Co. v. Crescent Mfg. Co.Louisiana Court of Appeal · 1909
  3. State v. SanthuffMissouri Court of Appeals · 1908

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