State v. Vincent
Supreme Court of Missouri
Appeal from St. Louis Criminal Court. — Hon. G. S. Van Wagoner, Judge. (1) The indictment must state that the grand jury was “duly empanelled and charged to inquire within and for the body of the city of St. Louis,” and true presentment was made, etc. R. S., sec. 1774; Const. Mo., art. 2, sec. 12. (2) The instrument forged is a draft, not a check.
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Appeal from St. Louis Criminal Court. — Hon. G. S. Van Wagoner, Judge. (1) The indictment must state that the grand jury was “duly empanelled and charged to inquire within and for the body of the city of St. Louis,” and true presentment was made, etc. R. S., sec. 1774; Const. Mo., art. 2, sec. 12. (2) The instrument forged is a draft, not a check. The indictment does not follow the statute, and charges no offence against the laws of the state; State r>. Carpenter, 62 Mo. 594; R. S., secs. 1386, 1388. (3) The indictment does not state with sufficient particularity tbe part of the check forged.…
1Opinion of the CourtBlack, J.
The defendant was indicted and con*665victed under section 1388, Revised Statutes, for Laving in Ms possession a forged check, knowing the same to be forged, with intent to utter and pass the same as true and genuine. Numerous objections are made to the record, and what is hereafter said will be in answer to them.
1. The motion to dismiss, on the ground that there was an indictment pending against the defendant for the same cause when this one was found, and which was overruled, is not preserved in any bill of exceptions ; nor does it appear that any exception was taken to the action of the court.…
2Cases cited4 opinions
- State v. EatonSupreme Court of Missouri · 1882
- State v. WallSupreme Court of Missouri · 1851
- State v. GeeSupreme Court of Missouri · 1883
- State v. ThrustonSupreme Court of Missouri · 1884
3Cited by19 opinions
- State v. GranberryMissouri Court of Appeals · 1975
- State v. AndersonSupreme Court of Missouri · 1888
- People v. WilmotIllinois Supreme Court · 1912
- State v. MelvinSupreme Court of Missouri · 1902
- State v. FrakerSupreme Court of Missouri · 1897
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