Simmons v. State
Supreme Court of Missouri
APPEAL FROM ST. LOUIS CRIMINAL COURT. 1st. The indictment in this case is clearly [defective. It is not suffiicient to allege merely iij the words of the statute that the defendant practiced law, &c., for a livelihood. It should have charged that he practiced for fees, compensation or reward. Practicing law for a livelihood is a conclusion of law to be drawn from the fact of having practiced for fees and compensation, and if such fact exists, it ought to be slated.
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APPEAL FROM ST. LOUIS CRIMINAL COURT. 1st. The indictment in this case is clearly [defective. It is not suffiicient to allege merely iij the words of the statute that the defendant practiced law, &c., for a livelihood. It should have charged that he practiced for fees, compensation or reward. Practicing law for a livelihood is a conclusion of law to be drawn from the fact of having practiced for fees and compensation, and if such fact exists, it ought to be slated. The acts which tire indictment alleges were committed by the defendant in his capacity as a lawyer, can,only be regarded as…
1Opinion of the Court
McBride, judge,
delivered the opinion of the court.
At the July term 1847, of the criminal court of St. Louis county, the grand jury of said county found an indictment against Cyrenius C. Simmons, for a violation of the provisions of an act of the general assembly of this State, entitled “an act to sustain the credit of the State,” approved 16th February, 1847. The indictment charges that the defendant, late of &c.. &c., on the 1st day of March, 1847, and on divers other days and times between that day and the day of the finding of this indictment, with force, &c., at &c., he, the said…
2Cases cited1 opinion
- McCulloch v. MarylandSupreme Court of the United States · 1819
3Cited by23 opinions
- City of St. Louis v. LaughlinSupreme Court of Missouri · 1872
- In Re Application of GalushaCalifornia Supreme Court · 1921
- City of Newton v. AtchisonSupreme Court of Kansas · 1883
- Ruckenbrod v. MullinsUtah Supreme Court · 1943
- City of St. Louis v. SternbergSupreme Court of Missouri · 1879
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