Legal Opinion

State v. Cummings

Supreme Court of Missouri

Decided November 19, 1907PublishedCited by 6 opinions

Appeal from St. Louis City Circuit Court. — No». Matt. O. Reynolds, Judge. (1) The information was evidently intended to be brought under the Act of 1903, section 2120], and if this is the section which it was intended should be pleaded, the information does not follow the statute, and the instruction fails to charge that the jury must find that the alleged registration was done feloniously, as well as willfully, knowingly, falsely and fraudulently.

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Appeal from St. Louis City Circuit Court. — No». Matt. O. Reynolds, Judge. (1) The information was evidently intended to be brought under the Act of 1903, section 2120], and if this is the section which it was intended should be pleaded, the information does not follow the statute, and the instruction fails to charge that the jury must find that the alleged registration was done feloniously, as well as willfully, knowingly, falsely and fraudulently. (2) The statute requires that one of the judges shall administer an oath to each person who shall present himself for registration, and this is…

1Opinion of the CourtFox, P. J.

This cause is here by appeal on the part of the defendant from a conviction in the circuit court of the city of St. Louis of the offense of fraudulently registering under a name other than his own. The information (which was duly verified), omitting formal parts, upon which this prosecution is based, is as follows:

*616“Comes now Arthur N. Sager, circuit attorney, within and for the city of St. Louis (said city comprising the Eighth Judicial Circuit of the State of Missouri) and now here in court on behalf of the State of Missouri, and on his official oath, information makes, that on the…

2Cases cited4 opinions

  1. State v. BartonSupreme Court of Missouri · 1898
  2. State v. MillerSupreme Court of Missouri · 1900
  3. State v. WoodwardSupreme Court of Missouri · 1895
  4. State v. RowlandSupreme Court of Missouri · 1903

3Cited by6 opinions

  1. State v. HillebrandSupreme Court of Missouri · 1920
  2. State v. CarollaSupreme Court of Missouri · 1926
  3. State v. TiernanSupreme Court of Missouri · 1909
  4. State v. ReaganSupreme Court of Missouri · 1919
  5. State v. ClanceySupreme Court of Missouri · 1910

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