State v. Welch
Supreme Court of Missouri
Appeal from Webster Circuit Court. The indictment in this case is as follows: “ The grand jurors for, &c., &c., present that David Welch, late of, &c., on, &c., at, &c., did then and there, when required by one of the assessors in and for the county of Webster, unlawfully fail to give a true list of all his taxable property as required by law, contrary to the form,” &c.
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Appeal from Webster Circuit Court. The indictment in this case is as follows: “ The grand jurors for, &c., &c., present that David Welch, late of, &c., on, &c., at, &c., did then and there, when required by one of the assessors in and for the county of Webster, unlawfully fail to give a true list of all his taxable property as required by law, contrary to the form,” &c. By the second count'of the indictment it is charged that the defendant “ did unlawfully deliver to the assessor a false and fraudulent list of his taxable property contrary to the form of the statute,” &c. The court quashed…
1Opinion of the CourtRichardson, Judge
The indictment in this case was intended to be framed on the fifteenth section of the second article of the revenue act of 1857; (Adj. Sess. 1857, p. 79 ;) which is as follows : “ If any person shall deliver to the assessor any false or fraudulent list, the property therein specified, and ail that ought to have been listed therein, shall be taxed triple, and the offender shall moreover be subject to indictment for the *601fraud, and may be fined in any sum not exceeding five hundred dollars.”
The second count of the indictment is bad, because it does not allege in what respect the list of taxable…
2Cited by2 opinions
- State v. WackerMissouri Court of Appeals · 1885
- State v. CassityMissouri Court of Appeals · 1892