Legal Opinion

State v. Tiernan

Supreme Court of Missouri

Decided November 23, 1909PublishedCited by 3 opinions

Appeal from St. Louis City Circuit Court. — Row. Geo. H. Shields, Judge. (1) The court erred in admitting the testimony of Mr. Elspermann, that there was a general registration of voters in the city of St. Louis in September, 1908, when it did not appear that he had any personal knowledge of the fact, and there was no evidence of any official action or notice on the part of the Board of Election Commissioners nor that any such registration was held in pursuance of any law.

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Appeal from St. Louis City Circuit Court. — Row. Geo. H. Shields, Judge. (1) The court erred in admitting the testimony of Mr. Elspermann, that there was a general registration of voters in the city of St. Louis in September, 1908, when it did not appear that he had any personal knowledge of the fact, and there was no evidence of any official action or notice on the part of the Board of Election Commissioners nor that any such registration was held in pursuance of any law. (2) There was no evidence that the alleged acts of the appellant were committed in any election precinct; the testimony…

1Opinion of the CourtGantt, P. J.

On the 21st day of September, 1908, the grand jury of the city of St. Lonis returned an indictment, charging defendant, William Tiernan, with fraudulently registering under a name not his own in the Eighth election precinct of the Fifteenth ward of the city of St. Louis.

Defendant was arraigned and pleaded not guilty. A jury was impaneled and sworn to try the issue thus made. Their deliberations resulted in a verdict of guilty and the infliction upon defendant of a penalty of three years ’ imprisonment in the penitentiary. Motions for new trial and in arrest of judgment were duly filed and…

2Cases cited1 opinion

  1. State v. CummingsSupreme Court of Missouri · 1907

3Cited by3 opinions

  1. State v. ThavanotSupreme Court of Missouri · 1910
  2. State v. ClanceySupreme Court of Missouri · 1910
  3. State v. O'BrienSupreme Court of Missouri · 1910

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