Legal Opinion

State v. Lehman

Supreme Court of Missouri

Decided June 14, 1904PublishedCited by 33 opinions

Appeal from St. Louis City Circuit Court. — No», O’Neill By cm, Judge. (1) The court erred in refusing to permit defendant to offer evidence on his application for a change of venue and in denying said application. R. S. 1899, secs. 2576, 2577, 2578 and 2579; State v. Boone, 70 Mo. 649. (2) The indictment is double, because it joins in one count nineteen separate and distinct offenses.

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Appeal from St. Louis City Circuit Court. — No», O’Neill By cm, Judge. (1) The court erred in refusing to permit defendant to offer evidence on his application for a change of venue and in denying said application. R. S. 1899, secs. 2576, 2577, 2578 and 2579; State v. Boone, 70 Mo. 649. (2) The indictment is double, because it joins in one count nineteen separate and distinct offenses. If it is not double, it states no offense, because there is no such offense as joint bribery based upon a combination of officers to sell their votes. R. S. 1899, secs. 2085, 4158, 4159; U. S. v. Kazinski, Fed.…

1Opinion of the CourtFox, J.

The trial and conviction in this cause were based upon the first count of the indictment; it is as follows:

“The grand jurors of the State of Missouri within and for the body of the city of St. Louis, now here in court duly impaneled, sworn and charged, upon their oaths present:
“That on or about the twenty-eighth day of November, in the year one thousand eight hundred and ninety-nine, the city of St. Louis was a municipal corporation in the State of Missouri aforesaid, and that the legislative power of the said city of St. Louis was by law vested in a Council and a House of Delegates styled…

2Cases cited13 opinions

  1. State v. ButlerSupreme Court of Missouri · 1903
  2. State v. BlitzMissouri Court of Appeals · 1903
  3. Goddard ex rel. Hyde v. DelaneySupreme Court of Missouri · 1904
  4. Elliott v. StateSupreme Court of Alabama · 1855
  5. McGehee v. StateSupreme Court of Alabama · 1877

8 more not listed; retrieve them via the Exa API.

3Cited by33 opinions

  1. State v. CampbellSupreme Court of Kansas · 1906
  2. Taylor v. StateSupreme Court of Georgia · 1931
  3. People v. . JacksonNew York Court of Appeals · 1908
  4. York v. StateCourt of Appeals of Georgia · 1931
  5. Daniels v. United StatesCourt of Appeals for the Ninth Circuit · 1927

28 more not listed; retrieve them via the Exa API.

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