Legal Opinion

State v. Tyree

Supreme Court of Missouri

Decided March 5, 1907Published

Appeal from Taney Circuit Court. — Hon. John T. Moore, Judge.. (1) The indictment is framed under section 1995, Revised Statutes 1899, and the conviction is of forgery in the first degree. The indictment should have been framed under section 2009, forgery in the third diegree. State v. Fenly, 18 Mo. 445. (2) But if the indictment is properly predicated on section 1995, it is insufficient to sustain a conviction.

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Appeal from Taney Circuit Court. — Hon. John T. Moore, Judge.. (1) The indictment is framed under section 1995, Revised Statutes 1899, and the conviction is of forgery in the first degree. The indictment should have been framed under section 2009, forgery in the third diegree. State v. Fenly, 18 Mo. 445. (2) But if the indictment is properly predicated on section 1995, it is insufficient to sustain a conviction. It should clearly have set forth the organization of the school district; the election or selection of the clerk of the hoard; the election of Husley as president of the hoard; the…

1Opinion of the CourtFox, P. J.

This cause is now pendingin this court upon appeal by the defendant from a judgment of conviction of the defendant in the circuit court of Taney county for forgery in the first degree. On March 10, 1905, the prosecuting attorney of Taney county filed an information against the defendant, R. F. Tyree, charging him with having committed forgery in the first degree on the 13th day of December, 1904, by feloniously and fraudulently changing the amount of a certain school warrant issued to him by the board of directors of school district No. 61 of Taney county; the specific alteration being the…

2Cases cited3 opinions

  1. State v. GulletteSupreme Court of Missouri · 1894
  2. State v. TobieSupreme Court of Missouri · 1897
  3. State v. WarrenSupreme Court of Missouri · 1891

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