State v. Gullette
Supreme Court of Missouri
Appeal from Gentry Circuit Court. — Hon. C. A. Anthony, Judge. The defendant was convicted of forgery in the third degree, and his punishment assessed at two years imprisonment in the penitentiary, and he appeals to this court.
Read the full summary
Appeal from Gentry Circuit Court. — Hon. C. A. Anthony, Judge. The defendant was convicted of forgery in the third degree, and his punishment assessed at two years imprisonment in the penitentiary, and he appeals to this court. The indictment is bottomed on section 3641, Revised Statutes, 1889, and, omitting caption, is as follows: ‘‘The grand jury for the state of Missouri, summoned from the body of said Gentry county, impaneled, chai’ged and sworn upon their oaths, present that Fred Gullette, late of the county aforesaid, on the thirtieth day of September, 1893, at the said county of…
1Opinion of the CourtSherwood , J.
I. The indictment is well enough and follows approved forms. 3 Chit. Crim. Law, 1048; 3 Greenl. Ev., sec. 104; State v. Fisher, 65 Mo. 437; State v. Yerger, 86 Mo. 33. And under our statute, the indictment need not charge that defendant did the act in question, with the intent to injure, cheat or defraud any particular person, nor need such intent be proved on trial; but it is only necessary to prove that defendant did the act charged, with an intent to injure, cheat or defraud. R. S. 1889, sec. 3983. State v. Scott, 48 Mo. 422.
In order to be the subject of forgery, it was unnecessary that…
2Cases cited8 opinions
- State v. YergerSupreme Court of Missouri · 1885
- Garmire v. StateIndiana Supreme Court · 1886
- State v. CovingtonSupreme Court of North Carolina · 1886
- State v. FisherSupreme Court of Missouri · 1877
- State v. RuckerSupreme Court of Missouri · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State v. SharplessSupreme Court of Missouri · 1908
- State v. DouglasSupreme Court of Missouri · 1914
- State v. JacksonSupreme Court of Missouri · 1909
- People v. . RisingNew York Court of Appeals · 1912
- State v. SamuelsSupreme Court of Missouri · 1898
7 more not listed; retrieve them via the Exa API.