State v. West
Missouri Court of Appeals
Appeal from Cass Circuit Court, How. Noah M. Otvaw, Judge. The case is stated in the opinion. I. The indictment is bad. It does not state any criminal offence. It does not specify any official act, which it was the duty of the defendant to perform ; nor that he had charge of any estate ; nor how he became invested with the office of public administrator. Commonwealth v. Bapp, 9 Watts 114. II.
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Appeal from Cass Circuit Court, How. Noah M. Otvaw, Judge. The case is stated in the opinion. I. The indictment is bad. It does not state any criminal offence. It does not specify any official act, which it was the duty of the defendant to perform ; nor that he had charge of any estate ; nor how he became invested with the office of public administrator. Commonwealth v. Bapp, 9 Watts 114. II. The duties of this office are ministerial, except, possibly, in administering an oath, and this is not alleged here. So the date of the charge should be alleged with certainty. State v. McCraclcen, 20…
1Opinion of the CourtPhilips, P. J.
— The defendant was indicted and convicted as public administrator of Cass county, under the following statute: “If any public officer, whether state, county, or city, town or township officer, shall be intoxicated while in the performance of any official act or duty, or shall become so intoxicated as to be incapacitated to perform any official act or duty, at the time and in the manner required of him in the discharge of the duties of his office, he shall be declared guilty of a misdemeanor in office,” etc. In addition to the usual penalty in like offences, a conviction works a forfeiture of…
2Cases cited10 opinions
- Walker v. OwenSupreme Court of Missouri · 1883
- Benson v. Chicago & Alton RailroadSupreme Court of Missouri · 1883
- Bell v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Price v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1880
- Moberly v. Kansas City, St. Joseph & Council Bluffs Railway Co.Missouri Court of Appeals · 1885
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3Cited by8 opinions
- Ex parte RickeyNevada Supreme Court · 1909
- McClure v. PeopleSupreme Court of Colorado · 1900
- Waddingham v. WaddinghamMissouri Court of Appeals · 1887
- State v. FareMissouri Court of Appeals · 1890
- Weil v. SchwartzMissouri Court of Appeals · 1886
3 more not listed; retrieve them via the Exa API.