State v. Tucker
Supreme Court of Missouri
Appeal from, Nodaway Circuit Court. — Hon. H. S. Kellev, Judge. The evidence is preserved in the bill of exceptions only on one point, viz. : the authority of the insurance company to do business in this state, and the presumption is that the evidence upon all other points was sufficient and the venue was proved.
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Appeal from, Nodaway Circuit Court. — Hon. H. S. Kellev, Judge. The evidence is preserved in the bill of exceptions only on one point, viz. : the authority of the insurance company to do business in this state, and the presumption is that the evidence upon all other points was sufficient and the venue was proved. Foster *. Fewlin, 4 Mo. 1'8; Barge Resort «. Brook, 10 Mo. 531; Douglass v. Stephens, 18 Mo. 362 ; State v. Dunn, 73 Mo. 586 ; State v. Brown, 75 Mo. 317. (1) The record fails to show that the venue was proved and the judgment should, therefore, be reversed. State v. Hartnett, 75 Mo.…
1Opinion of the CourtSherwood, J.
This cause has been re-argued. The indictment is based on section 1289, Revised Statutes, 1879, which mates it arson in the third degree for any person to “wilfully set fire to or burn * * * any goods, wares, or merchandise, or other chattels, which shall at the time be insured against loss or damage by fire, with intent to defraud or prejudice the insurer,” etc.
I. The indictment is well enough, since it describes the offence in the language of the statute under which it *25Is framed, and charges the defendant with the commission of the particular act which constitutes a violation of the general…
2Cases cited5 opinions
- United States v. AmedySupreme Court of the United States · 1826
- Huxley v. HarroldSupreme Court of Missouri · 1876
- People v. HughesCalifornia Supreme Court · 1865
- State v. BrownSupreme Court of Missouri · 1882
- McDonald v. PeopleIllinois Supreme Court · 1868
3Cited by12 opinions
- Peck v. ChouteauSupreme Court of Missouri · 1886
- State v. BerschSupreme Court of Missouri · 1918
- People v. MorleyCalifornia Court of Appeal · 1908
- State v. DavisSupreme Court of Kansas · 1920
- Arnold v. StateCourt of Criminal Appeals of Texas · 1914
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