Legal Opinion

State v. Morgan

Supreme Court of Missouri

Decided November 14, 1892PublishedCited by 13 opinions

Appeal from Macon Circuit Court. — IIon. Andrew Ellison, Judge. (1) That portion of section 3826, Revised Statutes,. 1889, which prescribes a form for an indictment, i& unconstitutional, because it violates article 3, and sections 12 and 22 of article 2, and section 28. of article-4, of the constitution of Missouri, and also section 1 of" article 14 of the amendments to the constitution of the United States.

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Appeal from Macon Circuit Court. — IIon. Andrew Ellison, Judge. (1) That portion of section 3826, Revised Statutes,. 1889, which prescribes a form for an indictment, i& unconstitutional, because it violates article 3, and sections 12 and 22 of article 2, and section 28. of article-4, of the constitution of Missouri, and also section 1 of" article 14 of the amendments to the constitution of the United States. While it is true legislatures may do-much to simplify forms of pleading, both civil and criminal, yet especially in prosecutions for crime the-accused has certain rights under the…

1Opinion of the CourtBlack, J.

The defendant was indicted and convicted for an attempt to obtain money from Iliram K. Bargar by a trick, etc.

*204For all the purposes of the question raised here it is sufficient to say that the evidence tends to establish the following facts: The defendant Adkins, under the assumed name of G-eorge Morgan, called upon Hiram K. Bargar, and' represented that he and his partner were from Arizona; that his partner was a half-breed Indian and the owner of a valuable gold mine; that they left Arizona in search of one Andrew Bargar whom they had known there; that the Indian proposed to give. Andrew a…

2Cases cited10 opinions

  1. Noles v. StateSupreme Court of Alabama · 1854
  2. Rowan v. StateWisconsin Supreme Court · 1872
  3. Newcomb v. StateMississippi Supreme Court · 1872
  4. First National Bank v. FrickeSupreme Court of Missouri · 1881
  5. State v. SchnelleWest Virginia Supreme Court · 1884

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3Cited by13 opinions

  1. Parks v. StateIndiana Supreme Court · 1902
  2. State v. NoakesSupreme Court of Vermont · 1897
  3. State ex rel. School District v. GordonSupreme Court of Missouri · 1909
  4. State ex rel. Clark v. GordonSupreme Court of Missouri · 1914
  5. State ex rel. Wolfe v. BronsonSupreme Court of Missouri · 1893

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