State v. Wilkerson
Supreme Court of Missouri
Appeal from Jackson Criminal Court. — Hon. Jno. W. Wofford, Judge. (1) The indictment in this case does not describe the offense and is insufficient. Pike v. Commonwealth, 63 Ky. 89; State v. Elbridge, 7 Eng. (Ark.) 608; U. S. v. Crnikshank, 92 IT. S. 542; State v. Terry, 109 Mo. 617. (2) The words, “scheme of drawing in the nature of the lottery, ’ ’ are descriptive of policy and should be contained in the indictment.
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Appeal from Jackson Criminal Court. — Hon. Jno. W. Wofford, Judge. (1) The indictment in this case does not describe the offense and is insufficient. Pike v. Commonwealth, 63 Ky. 89; State v. Elbridge, 7 Eng. (Ark.) 608; U. S. v. Crnikshank, 92 IT. S. 542; State v. Terry, 109 Mo. 617. (2) The words, “scheme of drawing in the nature of the lottery, ’ ’ are descriptive of policy and should be contained in the indictment. State v. South, 136 Mo. 677; State v. Schuchmaun, 133 Mo. 116; State v. Burk, 151 Mo. 144; State v. Kaub, .90 Mo. 198. (3) Defendant’s instruction number 1 should have been…
1Opinion of the Court
BURGESS,'J.
Defendant was convicted, and his punishment fixed at two years’ imprisonment in the penitentiary, under an indictment charging that he, with three others, did “unlawfully and feloniously aid and assist in making and establishing a policy as a business and avocation.” The punishment was reduced by the court of its own motion to six months imprisonment in the county jail.
After unsuccessful motions for new trial and in arrest defendant appeals.
The indictment, so far as necessary to quote it reads as follows: “That James Steele, Seth P. Anderson, Jno. Martin and William Wilkerson, late…
2Cases cited10 opinions
- United States v. CruikshankSupreme Court of the United States · 1876
- United States v. CarllSupreme Court of the United States · 1882
- Morton v. PeopleIllinois Supreme Court · 1868
- State v. HaywardSupreme Court of Missouri · 1884
- State v. TerrySupreme Court of Missouri · 1891
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Commonwealth v. BanksSuperior Court of Pennsylvania · 1929
- State v. HumphreySupreme Court of Missouri · 1949
- State v. MillerSupreme Court of Missouri · 1905
- State v. EdgenSupreme Court of Missouri · 1904
- City of St. Louis v. WashingtonMissouri Court of Appeals · 1949
7 more not listed; retrieve them via the Exa API.