State v. Whalen
Supreme Court of Missouri
Appeal from St. Louis Criminal Court. — Hon. Henby L. Edmunds, Judge. (1) The instructions fully covered the law of the case and are in all respects unobjectionable. (2) The allegation in the indictment and the facts shown upon the trial, that for more than three years after the commission of the alleged felony, the appellant was not an inhabitant of nor usually resident of this state, sufficiently complied with the requirements of the statute of limitations.
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Appeal from St. Louis Criminal Court. — Hon. Henby L. Edmunds, Judge. (1) The instructions fully covered the law of the case and are in all respects unobjectionable. (2) The allegation in the indictment and the facts shown upon the trial, that for more than three years after the commission of the alleged felony, the appellant was not an inhabitant of nor usually resident of this state, sufficiently complied with the requirements of the statute of limitations. R. S. 1889, sec. 4001. (3) The purported statements of Gallagher & Company, not shown to Lutz, were clearly admissible in evidence. The…
1Opinion of the Court
Burgess, J. —
-From a conviction in the criminal court of the city of St. Louis of obtaining $1,000 from one F. J. Lutz under false pretenses and judgment fixing his punishment at four years’ imprisonment in the penitentiary, defendant appealed.
The indictment in substance alleged that defendant Whalen was the president and that one Erastus N. Fay (who was jointly indicted with him) was the secretary of the St. Peters, Consolidated Grold and Silver Mining Company, a corporation organized under the laws of the state of Illinois, and they falsely, feloniously and intentionally with the intent to…
2Cases cited3 opinions
- State v. WelsorSupreme Court of Missouri · 1893
- State v. FosterSupreme Court of Missouri · 1893
- State v. GreenSupreme Court of Missouri · 1893
3Cited by6 opinions
- Williams v. Newark Dept. of WelfareNew Jersey Superior Court Appellate Division · 1957
- Labracio v. Northern Ins. Co. of NYNew Jersey Superior Court Appellate Division · 1961
- Mitchell v. RobertsonMissouri Court of Appeals · 1906
- State v. HainesSupreme Court of New Jersey · 1955
- STATE BY STATE HIGHWAY COMM'R v. HankinsNew Jersey Superior Court Appellate Division · 1960
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