State v. Fielder
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Row. George R. Williams, Judge. (1) The motion to quash the indictment or the count thereof upon which appellant was tried and convicted should have been sustained, because said second count is insufficient and bad whether it is based upon sections 2360, 2115, 7178, Revised Statutes 1899, or upon section 2120k, Laws 1903, p. 155. (a) If said count is predicated upon section 2360, Revised Statutes 1899, and it is sought to charge an…
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Appeal from St. Louis City Circuit Court. — Row. George R. Williams, Judge. (1) The motion to quash the indictment or the count thereof upon which appellant was tried and convicted should have been sustained, because said second count is insufficient and bad whether it is based upon sections 2360, 2115, 7178, Revised Statutes 1899, or upon section 2120k, Laws 1903, p. 155. (a) If said count is predicated upon section 2360, Revised Statutes 1899, and it is sought to charge an “attempt to commit an offense prohibited by law,” then said count is bad, because it is not averred or alleged that the…
1Opinion of the Court
BURGESS, J. —
On the 20th day of November, 1906, the grand jury of the city of St. Louis returned an indictment against the defendant; 'charging him, in two counts, with attempted fraudulent voting in the eighth precinct of the Fourth ward, in said city, at the general election held on the 6th day of November, 1906.. At the February term, 1906, of the circuit court of said city, the defendant filed a motion to quash the indictment, which was overruled, and. the State electing to try the defendant on the second count of the indictment, which charged the defendant with attempting and offering…
2Cited by4 opinions
- United States v. BakerDistrict Court, S.D. California · 1955
- Turnbough v. WyrickDistrict Court, E.D. Missouri · 1976
- Turnbough v. StateMissouri Court of Appeals · 1975
- State v. FawcettSupreme Court of Missouri · 1908