State v. Flynn
Missouri Court of Appeals
Appeal from St. Louis Court of Criminal Correction.— Hon. Hiram N. Moore, Judge. Defendant’s demurrer to the indictment should have been sustained, (a) The alleged neglect of duty must be shown to be corrupt. Section 2105, R. S. 1899; State v. Gardner, 2 Mo. 23; State v. Hein, 50 Ibid 362; State v. Pinger, 57 Ibid 243; State v. Grassle, 74 Mo.
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Appeal from St. Louis Court of Criminal Correction.— Hon. Hiram N. Moore, Judge. Defendant’s demurrer to the indictment should have been sustained, (a) The alleged neglect of duty must be shown to be corrupt. Section 2105, R. S. 1899; State v. Gardner, 2 Mo. 23; State v. Hein, 50 Ibid 362; State v. Pinger, 57 Ibid 243; State v. Grassle, 74 Mo. App. 313; Smith v. Sing, 68 Cal. 324; Tripplett v. Numter, 50 Cal. 645. (b) The indictment is multifarious and bad for that reason. 1 Bishop’s New Crim. Proc. (4 Ed.), sec. 432; State v. Jamison, 90 N. W. 622; People v. Flaherty, 57 N. E. 73; People v.…
1Opinion of the CourtGoode, J.
(after stating the.facts). — We have given an elaborate statement of the facts of this case because, though it is a conviction for a misdemeanor, the alleged misconduct of the defendant was one which vitally concerns the welfare of the community and the *722rights of its citizens. The indictment rests on this section of the statutes:
“Every officer or person holding any trust or appointment, who shall he convicted of any willful misconduct or misdemeanor in office, or neglect to preform any duty enjoined on him by law, where no special provision is made for the punishment of such misdemeanor,…
2Cases cited10 opinions
- State v. GrantSupreme Court of Missouri · 1882
- People v. BrooksCourt for the Trial of Impeachments and Correction of Errors · 1845
- State v. . HatchSupreme Court of North Carolina · 1895
- Hempstead v. DarbySupreme Court of Missouri · 1828
- State v. HeinSupreme Court of Missouri · 1872
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3Cited by6 opinions
- State v. BarnettCourt of Criminal Appeals of Oklahoma · 1936
- United States v. SandersUnited States Court of Military Appeals · 1964
- State v. DouglassSupreme Court of Missouri · 1912
- State v. YoungMissouri Court of Appeals · 1974
- Ex Parte AmosSupreme Court of Florida · 1927
1 more not listed; retrieve them via the Exa API.