State v. Clay
Supreme Court of Missouri
Error to Newton Circuit Court.—Hon. M. G. McGregor, Judge. The indictment is bad. (1) It does not state tbe specific property obtained, nor allege that tbe option bad a value. State v. CrooTcer, 95 Mo. 349; State v. Roclcford, 52 Mo. 199. (2) It does not state tbe true name of tbe person defrauded. Tbe evidence shows that tbe property belonged to Eliza Splitlog, and not to ber and Matbias Splitlog.
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Error to Newton Circuit Court.—Hon. M. G. McGregor, Judge. The indictment is bad. (1) It does not state tbe specific property obtained, nor allege that tbe option bad a value. State v. CrooTcer, 95 Mo. 349; State v. Roclcford, 52 Mo. 199. (2) It does not state tbe true name of tbe person defrauded. Tbe evidence shows that tbe property belonged to Eliza Splitlog, and not to ber and Matbias Splitlog. State v. Horn, 93 Mo. 190; State v. McChesney, 90 Mo. 120. (3) No venue is laid, and there is no allegation that any money or property was obtained in Newton county, Missouri, where the indictment…
1Opinion of the CourtSherwood, J.
The defendant was tried under the following indictment:
“State of Missouri,
“County of Newton,
SS'
“In the circuit court of Newton county, Missouri, May term, 1889.
“The grand jurors of the state of Missouri duly summoned from the body of the county of Newton, being duly empaneled, charged and sworn as such at the May term of the circuit court to inquire within and for Newton county, Missouri, A. D. 1889, upon their oaths present that heretofore on or about the eleventh day of April, 1887, one Moses W. Clay did unlawfully, feloniously obtain from Eliza and Mathias Splitlog with intent to cheat and…
2Cases cited15 opinions
- State v. MeyersSupreme Court of Missouri · 1889
- State v. HaywardSupreme Court of Missouri · 1884
- Martin v. DwellyCourt for the Trial of Impeachments and Correction of Errors · 1830
- Shroyer v. NickellSupreme Court of Missouri · 1874
- State v. FancherSupreme Court of Missouri · 1880
10 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Burdict v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- A. G. Edwards Brokerage Co. v. StevensonSupreme Court of Missouri · 1901
- Davis v. WatsonMissouri Court of Appeals · 1901
- State v. GarnerSupreme Court of Missouri · 1968
- State v. FoleySupreme Court of Missouri · 1913
7 more not listed; retrieve them via the Exa API.