State v. Porter
Supreme Court of Missouri
Error to Cole Circuit Cowrt. This was an indictment against James J. Porter for larceny and embezzlement as the agent of the Pacific Railroad.
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Error to Cole Circuit Cowrt. This was an indictment against James J. Porter for larceny and embezzlement as the agent of the Pacific Railroad. The indictment contained three counts; one for embezzlement, framed on the 39th section of article 3 of the act concerning crimes and punishments (R. C. 1855, p. 579); one for larceny, on section 25 of article 3 of said act, and the third for embezzlement, on section 37 of the act concerning railroad corporations (R. C. 1855, p. 430). The defendant moved the court to quash the first and third counts of the indictment. The motion was overruled. The…
1Opinion of the CourtNapton, Judge
Several points have been raised in this case which we will notice in their order.
1. The refusal of the. court to compel the prosecutor to elect upon which count he would proceed is one of the errors assigned. The indictment contains three counts — one for larceny and two for embezzlement. Of the latter, one count is framed upon a section of the general act concerning crimes and punishments, and the other on the 37th section of the railroad corporation act. (R. C. 1855, p. 430.) Our statutes contain some provisions on the subject which would seem to preclude all doubt about the propriety of…
2Cases cited1 opinion
- People v. RyndersNew York Supreme Court · 1834
3Cited by34 opinions
- State v. PittsSupreme Court of Missouri · 1875
- People v. DavisIllinois Supreme Court · 1915
- State v. NolandSupreme Court of Missouri · 1892
- State v. GreenSupreme Court of Missouri · 1877
- Fleener v. StateSupreme Court of Arkansas · 1893
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