State v. Wissing
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Row. Jesse A. McDonald, Judge. (1) The motion to require the State to elect upon which instance of alleged embezzlement it would stand was properly interposed and improperly overruled. Whatever may be said of the motion when first made —at the opening of the ease — its propriety at the close of the case can hardly be gainsaid.
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Appeal from St. Louis City Circuit Court. — Row. Jesse A. McDonald, Judge. (1) The motion to require the State to elect upon which instance of alleged embezzlement it would stand was properly interposed and improperly overruled. Whatever may be said of the motion when first made —at the opening of the ease — its propriety at the close of the case can hardly be gainsaid. The State should have been required'to elect and indicate which alleged embezzlement it claimed fitted in any way the broad averments of the information. (2) The instructions were erroneous in assuming that the averment of…
1Opinion of the Court
BURGESS, P. J. —
On the thirteenth day of July, 1903, the circuit attorney of the city of St. Louis filed in the office of the clerk of the circuit court of said city, an information, in which it is charged “that W. H. Wissing on or about the twentieth day of May, 1903, at the city of St. Louis aforesaid, being then and there agent, clerk, collector and servant of the CrockerWheeler Company (a corporation organized and existing under and by virtue of the laws of the State of New Jersey); (and he, the said W. II. Wissing, not being then and there a person under the age of sixteen years), then…
2Cases cited2 opinions
- State v. PrattSupreme Court of Missouri · 1889
- State v. WiseSupreme Court of Missouri · 1905
3Cited by10 opinions
- State v. BickfordNorth Dakota Supreme Court · 1913
- State v. PopeSupreme Court of Missouri · 1936
- State v. ShourSupreme Court of Missouri · 1906
- State v. MoreauxSupreme Court of Missouri · 1914
- State v. GebhardtSupreme Court of Missouri · 1909
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