State v. Schricker
Supreme Court of Missouri
Appeal from Moniteau Circuit Court. The defendant was indicted by the name of William Shucker. He appeared and pleaded that his name was William Schricker, and prayed to be discharged. The court, at the instance of the circuit attorney, entered the name of William Schricker on the minutes of the court and the trial proceeded against him according to the provisions of the twenty-fifth section of article four of the act regulating practice in criminal cases. He was convicted.
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Appeal from Moniteau Circuit Court. The defendant was indicted by the name of William Shucker. He appeared and pleaded that his name was William Schricker, and prayed to be discharged. The court, at the instance of the circuit attorney, entered the name of William Schricker on the minutes of the court and the trial proceeded against him according to the provisions of the twenty-fifth section of article four of the act regulating practice in criminal cases. He was convicted. I. The twenty-fifth section of the fourth article of the act concerning criminal practice is unconstitutional. The court…
1Opinion of the CourtScott, Judge
The defendant was indicted for selling intoxicating liquors without license by the name of William Shucker. He pleaded the misnomer in abatement. Thereupon the court proceeded as directed in the twenty-fifth section of the fourth article of the act regulating criminal practice, which prescribes that, “ if a defendant be indicted by a wrong name, unless he declare his true name before pleading, he shall be proceeded against by the name in the indictment. If he allege that another name is his true name, it must be entered on the minutes of the court; and after such entry, the trial and all…
2Cited by7 opinions
- Commonwealth v. GedziumMassachusetts Supreme Judicial Court · 1927
- State v. DuncanSupreme Court of Missouri · 1935
- State v. JohnsonMissouri Court of Appeals · 1982
- State v. MullenSupreme Court of Iowa · 1911
- City of St. Louis v. Capitol Vending Co.Missouri Court of Appeals · 1964
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