Legal Opinion

State v. Norton

Supreme Court of Missouri

Decided October 15, 1882PublishedCited by 5 opinions

Appeal from Jackson Circuit Court.—IIon. S. II. Woodson, Judge. Indictment for unlawfully and feloniously obtaining from one Calvin Morris the sum of $100, as the indictment alleged “ by means and by use of a cheat%nd a fraud, and a false and fraudulent representation, and false pretense, and confidence game, and a false and bogus check and instrument or bond ” with intent to cheat and defraud said Morris.

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Appeal from Jackson Circuit Court.—IIon. S. II. Woodson, Judge. Indictment for unlawfully and feloniously obtaining from one Calvin Morris the sum of $100, as the indictment alleged “ by means and by use of a cheat%nd a fraud, and a false and fraudulent representation, and false pretense, and confidence game, and a false and bogus check and instrument or bond ” with intent to cheat and defraud said Morris. The trial court instructed the jury that if the defendant did obtain the confidence of Morris and did then and there obtain and receive from said Morris $100 belonging to said Morris, by…

1Opinion of the Court

I

Sherwood, C. J.

The defendant was indicted under section 1561, Revised Statutes 1879. The indictment is good, and is in form heretofore approved by this court. State v. Fancher, 71 Mo. 460; State v. Connelly, 73 Mo. 235.

II

It is very clear that the court when instructing the jury should have submitted the point as to whether the acts charged in the indictment, and testified to at the trial were done “with intent to cheat and defraud.” The obtaining of money or property with such intent is the very *182gist of the offense. State v. Fancher, supra. Without such intent there can be no violation of…

2Cases cited3 opinions

  1. State v. FancherSupreme Court of Missouri · 1880
  2. Greenwell v. CrowSupreme Court of Missouri · 1881
  3. State v. ConnellySupreme Court of Missouri · 1880

3Cited by5 opinions

  1. State v. BayneSupreme Court of Missouri · 1886
  2. State v. JacksonSupreme Court of Missouri · 1892
  3. Woodruff v. StateSupreme Court of Arkansas · 1895
  4. State v. MastinSupreme Court of Missouri · 1919
  5. State v. DennisSupreme Court of Missouri · 1883

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