Legal Opinion

State v. McCollum

Supreme Court of Missouri

Decided August 15, 1869PublishedCited by 6 opinions

Jlppcal from Fifth District Court. I. The indictment is good. (State v. Neal, 119; Campbell v. People, 8 Wend. 636; Const, of Mo., art. 13, § 6; Gen. Stat. 1865, ch. 203, §§ 1-2 ; 3 Am. Crim. L., 6th ed., §§ 2259, 2260 ; Whart. Prec. of Indictments, 590.) II. There is -nothing in the objection that the indictment charges that the defendant enrolled and caused himself to be enrolled as a southern sympathizer.

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Jlppcal from Fifth District Court. I. The indictment is good. (State v. Neal, 119; Campbell v. People, 8 Wend. 636; Const, of Mo., art. 13, § 6; Gen. Stat. 1865, ch. 203, §§ 1-2 ; 3 Am. Crim. L., 6th ed., §§ 2259, 2260 ; Whart. Prec. of Indictments, 590.) II. There is -nothing in the objection that the indictment charges that the defendant enrolled and caused himself to be enrolled as a southern sympathizer. When a statute forbids several things in the alternative, it is competent to charge him with all, and sufficient to prove him guilty of either. (1 Bish. Crim. L. 273, 863 ; Commonwealth…

1Opinion of the CourtBliss, Judge

Defendant was indicted in Harrison county for falsely taking the voter’s oath at the election to take the sense of the people upon the adoption of the present State constitution. Ho demurred to the indictment; the demurrer ivas sustained, and the action of the court was affirmed in the District Court, and the State comes here upon appeal.

The indictment charges that the defendant, before taking the oath, had “ personally appeared before Stephen O. Allen, military enrolling officer, and enrolled and caused himself to be enrolled, by and before said enrolling officer, as disloyal and a southern…

2Cited by6 opinions

  1. State v. HarrisSupreme Court of Missouri · 1958
  2. Griffin v. StateTennessee Supreme Court · 1902
  3. State v. MaurerSupreme Court of Missouri · 1914
  4. State v. LundrySupreme Court of Missouri · 1950
  5. State v. HackfathMissouri Court of Appeals · 1886

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