State v. Boland
Missouri Court of Appeals
Appeal from the St. Louis Court of Criminal Correction, Cady, J. The information is, on its face, insufficient. The notary had no authority to administer such an oath. Notaries “can do nothing not expressly authorized, and under the circumstances which authorize it.” — Ex parte Kreiger, 7 Mo.
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Appeal from the St. Louis Court of Criminal Correction, Cady, J. The information is, on its face, insufficient. The notary had no authority to administer such an oath. Notaries “can do nothing not expressly authorized, and under the circumstances which authorize it.” — Ex parte Kreiger, 7 Mo. App. 367 ; Ex parte Mallinkrodt, 20 Mo. 493; Ex parte Mumford, 67 Mo. 607. To constitute the statutory offence it must appear that the oath was one required or authorized by law.— United States v. Babcock, 4 McLean, 113; 2 Whart. Cr. Law, sect. 1269 ; The State v. Marshall, 47 Mo. 380. cited : The State…
1Opinion of the CourtBakewell, J.
Defendant was convicted in the St. Louis Court of Criminal Correction of a misdemeanor in making a false affidavit, contrary to the provisions of the statute. The amended information under which the trial was had, makes substantially the following allegations: That defendant wilfully, corruptly, and falsely, on November 7th, made a corrupt voluntary false affidavit before “ one William H. Yeaton, who was then and there a notary public, duly commissioned and qualified within and for said city of St. Louis and state of Missouri, and having full authority and being duly qualified by law to…
2Cases cited5 opinions
- United States v. NickersonSupreme Court of the United States · 1855
- State v. MarshallSupreme Court of Missouri · 1871
- State v. FlaggIndiana Supreme Court · 1865
- United States v. BabcockU.S. Circuit Court for the District of Michigan · 1846
- Hall v. MontgomerySupreme Court of Alabama · 1845
3Cited by6 opinions
- Lightfoot v. JenningsSupreme Court of Missouri · 1953
- T. W. Barhydt & Co. v. G. N. Alexander & Co.Missouri Court of Appeals · 1894
- Collins v. StateSupreme Court of Florida · 1894
- State v. LynesMissouri Court of Appeals · 1916
- State v. ZehnderMissouri Court of Appeals · 1914
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