State v. McChesney
Missouri Court of Appeals
Appeal from the St. Louis Criminal Court, Van Wagoner, J. The indictment charges no crime; it does not sufficiently inform the defendant of the nature of the offense of which he is accused. It is an attempt at an indictment under section 1561, Revised Statutes 1879, but complies neither with the rules of criminal pleading at common law nor the requirements of that statute. — The State v. Helm, 6 Mo. 263 ; The States.
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Appeal from the St. Louis Criminal Court, Van Wagoner, J. The indictment charges no crime; it does not sufficiently inform the defendant of the nature of the offense of which he is accused. It is an attempt at an indictment under section 1561, Revised Statutes 1879, but complies neither with the rules of criminal pleading at common law nor the requirements of that statute. — The State v. Helm, 6 Mo. 263 ; The States. Ross, 25 Mo. 426 ; The State v. Evers, 49 Mo. 542. If it were permitted, in the use of this statutory form, to omit the names of the persons attempted to be defrauded on the…
1Opinion of the CourtLewis, P. J.
The case, with a few unimportant omissions, is fairly stated by the appellant as follows : — ■
*261“ The indictment charges that the defendant, on the 13th of September, 1883, in the city of St. Louis, ‘ did, with intent, then and there, to feloniously cheat and defraud, unlawfully and feloniously attempt to obtain from certain persons, firms, and corporations, then and there composing a voluntary association known as the Brewers’ Association of St. Louis and East St. Louis, a more particular description of which said persons, firms, and corporations, and of said association, is to the jurors…
2Cases cited3 opinions
- State v. FancherSupreme Court of Missouri · 1880
- State v. SeelySupreme Court of Arkansas · 1875
- State v. BlackTexas Supreme Court · 1869
3Cited by2 opinions
- Carney v. United Railways Co.Missouri Court of Appeals · 1920
- Kauffman v. HarringtonMissouri Court of Appeals · 1886