State v. Barbee
Supreme Court of Missouri
Appeal from Caldwell Circuit Court. — Hon. E. J. Bboaddus, Judge. (1) The indictment is insufficient. It does not state any conditions on which the Farmers Bank of Polo was to pay money to or for defendant, nor does it state how any money was obtained by him. This was imperatively necessary. 1 Bishop on Crim.
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Appeal from Caldwell Circuit Court. — Hon. E. J. Bboaddus, Judge. (1) The indictment is insufficient. It does not state any conditions on which the Farmers Bank of Polo was to pay money to or for defendant, nor does it state how any money was obtained by him. This was imperatively necessary. 1 Bishop on Crim. Pro. [3 Ed.], secs. 508, 509; State v. Bonnell, 46 Mo. 395; State v. Saunders, 63 Mo. 482; State v. Hathaway, 106 Mo. 239; Com. v. Strain, 10 Mete. 521; Com. v. Goddard, 4 Allen, 212. (2) The alleged false pretense must be one calculated to mislead an ordinarily prudent man. 'If the…
1Opinion of the CourtSherwood, J.
The defendant was indicted under section 3564, Revised Statutes, 1889, for obtaining $329.75 from the Farmers Bank of Polo, by means of false pretenses. Being tried, he was convicted and his punishment assessed at two years’ imprisonment in the penitentiary.
The indictment, so far as necessary to quote it, is the following:
“That, William O. Barbee, at the county of Caldwell and state of Missouri, on or about the twenty-fourth *442day of October, 1894, did unlawfully, feloniously, designedly, and knowingly, with intent to cheat and defraud the Farmer’s Bank of Polo in said county, a corporation…
2Cases cited7 opinions
- State v. HaywardSupreme Court of Missouri · 1884
- People v. GatesNew York Supreme Court · 1835
- State v. TerrySupreme Court of Missouri · 1891
- State v. StoweSupreme Court of Missouri · 1896
- State v. SekritSupreme Court of Missouri · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State v. GreenSupreme Court of Missouri · 1957
- Moody v. PeopleSupreme Court of Colorado · 1918
- State v. HubbardSupreme Court of Missouri · 1902
- State v. MurphySupreme Court of Missouri · 1897
- State v. DaleSupreme Court of Missouri · 1897
5 more not listed; retrieve them via the Exa API.