State v. Horn
Supreme Court of Missouri
.Appeal from St. Louis Criminal Court. — Hon. Gr. S. Yan Wagoner, Judge. (1) There is a fatal variance between the allegations in the indictment and the proof. The indictment does not state the name of the victim or person alleged to have been defrauded, or the name of the defendant.
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.Appeal from St. Louis Criminal Court. — Hon. Gr. S. Yan Wagoner, Judge. (1) There is a fatal variance between the allegations in the indictment and the proof. The indictment does not state the name of the victim or person alleged to have been defrauded, or the name of the defendant. State v. Evers, 49 Mo. 542; State v. Boss, 25 Mo. 426; State v. McOhesney, 90 Mo. 120 ; State v. Eancher, 71 Mo. 461; Morton v. People, 47 111. 468. (2) The trial •court erred in instructing the jury that it was immaterial whether the intent was to cheat and defraud the person from whom the money was alleged to…
1Opinion of the CourtSherwood, J.
This prosecution was instituted under the provisions of section 1561 óf the Revised •Statutes of 1879. Here is the indictment:
“The grand jurors of the state of Missouri, within :and for the body of the city of St. Louis, now here in court, duly impaneled, sworn, and charged, upon their oath present, that Samuel H. Horn, late of the city of St. Louis aforesaid, and state aforesaid, on the twenty-seventh day of March, in the year of our Lord, one thousand, eight hundred and eighty-four, at the city of St. Louis, aforesaid, did unlawfully and feloniously, Avith intent to cheat and defraud,…
2Cases cited2 opinions
- State v. MyersSupreme Court of Missouri · 1884
- State v. McChesneySupreme Court of Missouri · 1886
3Cited by10 opinions
- State v. TerrySupreme Court of Missouri · 1891
- State v. NelsonSupreme Court of Missouri · 1890
- State v. FrakerSupreme Court of Missouri · 1899
- State v. CameronSupreme Court of Missouri · 1893
- State v. MorganSupreme Court of Missouri · 1892
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