State v. Kain
Supreme Court of Missouri
Appeal from St. Francois Circuit Court. — Hon. James D. Fox, Judge. The indictment in this case is insufficient, and no error was committed by the trial court in sustaining the demurrer.
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Appeal from St. Francois Circuit Court. — Hon. James D. Fox, Judge. The indictment in this case is insufficient, and no error was committed by the trial court in sustaining the demurrer. The indictment is drawn under section 3826, Revised Statutes, 1889, which section has by this court been held unconstitutional, in that it fails to notify the defendant of the charge which he is required to defend, and fails to charge the manner or means by which the fraud was perpetrated and the money or property obtained. State v. Terry, 109 Mo. 601; State v. Benson, 110 Mo. 18; State v. Cameron, 117 Mo.…
1Opinion of the CourtBurgess, J.
At the November term, 1890, of the St.. Francois circuit court, there was returned by the grand jury of said county an indictment against defendant, which, omitting the formal parts, is as follows: “The grand jury for the state of Missouri, now here in court empaneled, sworn and charged to inquire within and for the body of the county of St. Francois and state of Missouri, upon their oaths, do present and charge that one F. A. Kain, late of said county, at and in said county of St. Francois, and state aforesaid, on the--day of April, A. D. 1888, did unlawfully and feloniously obtain from…
2Cases cited1 opinion
- State v. CameronSupreme Court of Missouri · 1893
3Cited by5 opinions
- State v. WilsonSupreme Court of Missouri · 1909
- State v. FrakerSupreme Court of Missouri · 1899
- State v. PickettSupreme Court of Missouri · 1903
- State v. MartinSupreme Court of Missouri · 1910
- Lazar v. StateCourt of Criminal Appeals of Oklahoma · 1954