State v. Lovan
Supreme Court of Missouri
Appeal from Jackson Criminal Court. — Row. E. E. Porterfield, Judge. (1) The information was drawn and the ease was tried under the false pretense statute, Sec. 4565, R. S. 1909, as amended by Laws 1911, p. 195, and cannot now be shifted to the cheat-and-fraud statute, Sec. 4765. Instruction 1; given at the instance of the State, is erroneous for failing to instruct as for a misdemeanor in case the jury should have found the value of the livery stable stock to be less than…
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Appeal from Jackson Criminal Court. — Row. E. E. Porterfield, Judge. (1) The information was drawn and the ease was tried under the false pretense statute, Sec. 4565, R. S. 1909, as amended by Laws 1911, p. 195, and cannot now be shifted to the cheat-and-fraud statute, Sec. 4765. Instruction 1; given at the instance of the State, is erroneous for failing to instruct as for a misdemeanor in case the jury should have found the value of the livery stable stock to be less than thirty dollars. Sec. 4920, R. S. 1909; State v. Marion, 235 Mo. 359. (2) The information is bad under Sec. 4565, R. S.…
1Opinion of the CourtFerriss, J.
— Defendant was convicted in the criminal court of Jackson county, on an information charging him with the crime of obtaining property by false pretenses, and sentenced to two years in the penitentiary. The information charges that defendant, with intent to defraud one George F. Hannay, did falsely, etc., represent to said Hannay that he, the defendant, and the Ernest Lovan Investment Company, owned in fee simple, and free and clear of all incumbrances, several parcels of real estate, described in detail in the information, and that said Hannay was the owner of certain capital in certain…
2Cases cited6 opinions
- State v. HydeSupreme Court of Missouri · 1911
- State v. DonaldsonSupreme Court of Missouri · 1912
- State v. SteeleSupreme Court of Missouri · 1910
- State v. PickettSupreme Court of Missouri · 1903
- Gooch v. ConnerSupreme Court of Missouri · 1843
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State v. SelleSupreme Court of Missouri · 1963
- Ganley Brothers, Inc. v. Butler Brothers Bldg. Co.Supreme Court of Minnesota · 1927
- Baylies v. Vanden BoomWyoming Supreme Court · 1929
- State v. MyersMissouri Court of Appeals · 1979
- State v. WeberSupreme Court of Missouri · 1957