State v. Shelley
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — lion, H. D. Wood> Judge. The State failed to make a prima facie case because it failed to prove that Joseph Conley was an elector.
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Appeal from St. Louis City Circuit Court. — lion, H. D. Wood> Judge. The State failed to make a prima facie case because it failed to prove that Joseph Conley was an elector. The third instruction declared that if the name of Joseph Conley appeared on the registration book of that precinct, that fact, if proved, was prima facie evidence that said Conley was an elector and entitled to vote in the fifth precinct of the Seventeenth ward, and there was no evidence to rebut that presumption.
1Opinion of the CourtSherwood, P. J.
Dan Shelley was prosecuted under the provisions of section 7261, Revised Statutes 1899, he *617being indicted for that he falsely, fraudulently and feloniously impersonated one Joseph Oonley, an elector, duly registered, etc.
The section on which the indictment is founded is, so far as necessary to quote it, the following: “Any person who shall falsely personate an elector, or other person, and vote, or attempt or offer to vote in or upon the name of such elector or other person; or shall vote, or attempt to vote, in or upon the name of any other person, living or dead, . . . shall, upon…
2Cases cited2 opinions
- Ogletree v. StateSupreme Court of Alabama · 1856
- State v. BuckSupreme Court of Missouri · 1894
3Cited by4 opinions
- State v. MeysenburgMissouri Court of Appeals · 1902
- State v. RoswellMissouri Court of Appeals · 1910
- State v. JamesMissouri Court of Appeals · 1908
- State v. O'BrienSupreme Court of Missouri · 1902