State v. Foley
Supreme Court of Missouri
Appeal from St. Louis Gity Circuit Court. — Hon. Wilson A. Taylor, Judge. (1) There was an entire failure of proof to sustain the allegations of the second count. (2) The defendant having a just claim against the city of St. Louis, the fact that he enforced collection of the same by alleged false pretenses is no crime. People v. Thomas, 3 Hill, 169; Comm. v. Duffy, 126 Mass. 467; R. v. Williams, 7 Car. & P. 354; State v. Hurst, 11 W. Ya. 54; 2 Bish. Cr.
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Appeal from St. Louis Gity Circuit Court. — Hon. Wilson A. Taylor, Judge. (1) There was an entire failure of proof to sustain the allegations of the second count. (2) The defendant having a just claim against the city of St. Louis, the fact that he enforced collection of the same by alleged false pretenses is no crime. People v. Thomas, 3 Hill, 169; Comm. v. Duffy, 126 Mass. 467; R. v. Williams, 7 Car. & P. 354; State v. Hurst, 11 W. Ya. 54; 2 Bish. Cr. Law (8 Ed.), sec. 466; Comm. v. Henry, 22 Pa. St. 256; State v. Jamison, 37 Ark. 445. {3) The mere opinion expressed by the defendant that…
1Opinion of the CourtPaeis, J.
Defendant was convicted in the circuit court of the city of St. Louis on the second count of an indictment charging him with obtaining money from the city of St. Louis by certain false pretenses, and his, punishment fixed by the verdict of a jury at imprisonment in the penitentiary for a term of two years. Prom the judgment and sentence imposed pursuant to said verdict, after the usual steps, he prosecutes this appeal.
The indictment against the defendant contains two counts, but the State having seen fit at some stage in the trial (but at what period is not clearly, disclosed) to dismiss as…
2Cases cited30 opinions
- State v. YoungSupreme Court of Missouri · 1894
- State v. MyersSupreme Court of Missouri · 1884
- State v. AverySupreme Court of Missouri · 1893
- State v. MillerSupreme Court of Missouri · 1900
- State v. GilmoreSupreme Court of Missouri · 1892
25 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- State v. HartmanSupreme Court of Missouri · 1954
- State v. GreenSupreme Court of Missouri · 1957
- State v. YoungSupreme Court of Missouri · 1916
- State v. PattersonSupreme Court of Missouri · 1917
- State v. MatkinsSupreme Court of Missouri · 1930
8 more not listed; retrieve them via the Exa API.