Legal Opinion

State v. Keating

Supreme Court of Missouri

Decided March 19, 1907PublishedCited by 10 opinions

Appeal from St. Louis City Circuit Court . — Eon. Jas. E. Withrow, Judge. (1) Appellant’s motion to quash, the information should have been sustained because the information is defective as to the second count, in that it attempts to charge two separate and distinct statutory offenses in one and the same count.

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Appeal from St. Louis City Circuit Court . — Eon. Jas. E. Withrow, Judge. (1) Appellant’s motion to quash, the information should have been sustained because the information is defective as to the second count, in that it attempts to charge two separate and distinct statutory offenses in one and the same count. Sate v. Blaldey, 184 Mo. 187; State v. Dale, 141 Mo. 284; State v. Huffman, 136 Mo. 58. (2) The second count is bad for the following reasons : It fails to charge and allege that the ninth precinct of the second ward was an “election” precinct; it fails to charge and aver that the…

1Opinion of the CourtFox, P. J.

This cause is now pending before this court upon appeal by the defendant from a judgment of the circuit court of the city of St. Louis, con*201victing him of fraudulently registering in an election precinct in which he had no lawful right to register.

On the 19th day of September, 1905', the circuit attorney of the city of St. Louis filed an information in two counts, duly verified, charging the defendant with a violation of the provisions of an act of the General Assembly, approved March 24, 1903, defining offenses in connection with elections and prescribing the penalties .therefor. The…

2Cases cited3 opinions

  1. State v. HaywardSupreme Court of Missouri · 1884
  2. State v. FurgersonSupreme Court of Missouri · 1899
  3. United States v. McCabeU.S. Circuit Court for the District of Southern New York · 1893

3Cited by10 opinions

  1. State ex inf. Barker v. SouthernSupreme Court of Missouri · 1915
  2. State v. KeatingSupreme Court of Missouri · 1909
  3. Davis v. Jasper CountySupreme Court of Missouri · 1927
  4. State Ex Rel. Zoological Board of Control v. City of St. LouisSupreme Court of Missouri · 1928
  5. State Ex Rel. Hollaway v. KnightSupreme Court of Missouri · 1929

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