State v. Washington
Supreme Court of Missouri
Appeal from Cooper Circuit Court. — Eon. J. G. Slate, Judge. (1) Words of a statute which are descriptive of an offense — a part of the statutory definition — cannot be omitted from an information founded thereon without fatally vitiating such information. 19 Cyc. 1393; State v. Plesseltine, 130 Mo. 468; State v. Minton, 116 Mo. 605; State v. Pickett, 174 Mo. 663. Sec. 4643, R. S. 1909, under which the information was drawn, describes an offense wherein one of the elements…
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Appeal from Cooper Circuit Court. — Eon. J. G. Slate, Judge. (1) Words of a statute which are descriptive of an offense — a part of the statutory definition — cannot be omitted from an information founded thereon without fatally vitiating such information. 19 Cyc. 1393; State v. Plesseltine, 130 Mo. 468; State v. Minton, 116 Mo. 605; State v. Pickett, 174 Mo. 663. Sec. 4643, R. S. 1909, under which the information was drawn, describes an offense wherein one of the elements thereof is that the check be drawn on an “incorporated bank.” The information is wholly wanting' in any such averment,…
1Opinion of the CourtBrown, J.
Convicted of forgery in the second degree and his punishment fixed at five years in the penitentiary, defendant appeals.
For reversal defendant challenges the information, and also the sufficiency- of the evidence to support the verdict.
The information is founded upon section 4643, Revised Statutes 1909', prohibiting the forging of the name of any individual to a check upon an incorporated bank, and (omitting caption, signature and verification) is as follows:
“Daniel W. Cosgrove, prosecuting attorney within and for the county of Cooper, in the State of Missouri, on Ms official oath of office…
Also in this document: Concurrence.
2Cases cited6 opinions
- State ex rel. Spriggs v. RobinsonSupreme Court of Missouri · 1913
- State v. ReidSupreme Court of Missouri · 1894
- State v. WillardSupreme Court of Missouri · 1910
- State v. KelseySupreme Court of Missouri · 1886
- State v. PrinceSupreme Court of Missouri · 1914
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State v. StegnerSupreme Court of Missouri · 1918
- State v. HascallSupreme Court of Missouri · 1920
- State v. ParsonsSupreme Court of Kansas · 1934
- State v. RaggSupreme Court of Missouri · 1935
- State v. ReddingSupreme Court of Missouri · 1951
1 more not listed; retrieve them via the Exa API.