State v. Hesseltine
Supreme Court of Missouri
Appeal from Mercer Circuit Court. — Hon. P. O. Stepp, Judge. The second instruction is erroneous, in that it submits to the jury an issue not made by the pleadings. The question of consideration for the sale, exchange, or delivery of the check is not raised by the indictment,, but is presented by this instruction. It is error for the court to attempt to cure the omission of an’ indictment by an instruction. State v. Smith, 119 Mo. 439; State v. Warren, 57 Mo.
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Appeal from Mercer Circuit Court. — Hon. P. O. Stepp, Judge. The second instruction is erroneous, in that it submits to the jury an issue not made by the pleadings. The question of consideration for the sale, exchange, or delivery of the check is not raised by the indictment,, but is presented by this instruction. It is error for the court to attempt to cure the omission of an’ indictment by an instruction. State v. Smith, 119 Mo. 439; State v. Warren, 57 Mo. App. 502. If the third count be drawn under section 3634 of Revised Statutes, 1889, this instruction is fatally defective in not…
1Opinion of the CourtShebwood, J.
The defendant was indicted for the forgery of a certain check, and also with having sold, *472exchanged, and delivered said check,knowing the same to have been forged.
The cause was submitted to the jury on the first and third counts of the indictment, which are, in their material portions, the following: “That William F. Hesseltine, on the tenth day of December, A. D. 1892, at the said county of Harrison, did then and there unlawfully forge, counterfeit, and falsely make a certain check, purporting to be made by one F. J. Hesseltine, under the name of T. J. Hesseltine, on the Bethany Savings…
2Cases cited2 opinions
- State v. PattersonSupreme Court of Missouri · 1893
- State v. TaylorSupreme Court of Missouri · 1893
3Cited by4 opinions
- State v. PickettSupreme Court of Missouri · 1903
- Schaeffer v. StateWisconsin Supreme Court · 1902
- State v. StandiferSupreme Court of Missouri · 1908
- State v. WillardSupreme Court of Missouri · 1909