Legal Opinion

State v. Mastin

Supreme Court of Missouri

Decided March 28, 1919PublishedCited by 7 opinions

Appeal from Montgomery Circuit Court. — Hon. Ernest 8. Gantt, Judge. (1) The alleged false representations are too absurd to induce belief in their reasonableness, and the evidence of Nebel shows this clearly.

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Appeal from Montgomery Circuit Court. — Hon. Ernest 8. Gantt, Judge. (1) The alleged false representations are too absurd to induce belief in their reasonableness, and the evidence of Nebel shows this clearly. State v. Cameron 117 Mo. 641; State v. Lawrence, 178 Mo. 350. (2) The information does not describe the trick or false pretense and therefore charges no crime denounced by either Section 4565 or Section 4765. State v. Pickett, 174 Mo. 663. (3) The statement of the case to the jury was an unpardonable error and was intended to poison the minds of the jury against the defendant, and…

1Opinion of the CourtWilliams, J.

The information upon which defendant was tried in the Circuit Court of Montgomery County, was in two counts. He was acquitted upon the second count, but was convicted upon the first count and his punishment was assessed at two years in the penitentiary. Defendant duly appealed. Count one of the information, omitting formal parts, was as follows:

“S. S. Nowlin, Prosecuting Attorney within and for the County of Montgomery, in the State of Missouri, under his oath of office, informs, the court and charges the fact to be that one John J. Mastin on or about the 11th day of June, 1918, in the County…

2Cases cited5 opinions

  1. State v. BarringtonSupreme Court of Missouri · 1906
  2. State v. TeeterSupreme Court of Missouri · 1912
  3. State v. WilsonSupreme Court of Missouri · 1909
  4. State v. JacksonSupreme Court of Missouri · 1892
  5. State v. NortonSupreme Court of Missouri · 1882

3Cited by7 opinions

  1. State v. HartmanSupreme Court of Missouri · 1954
  2. Aufderheide v. Polar Wave Ice & Fuel Co.Supreme Court of Missouri · 1928
  3. State v. GilmoreSupreme Court of Missouri · 1935
  4. State v. McKissicSupreme Court of Missouri · 1962
  5. State v. FriedmanMissouri Court of Appeals · 1965

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