State v. Warren
Supreme Court of Missouri
Appeal from LaFayette Criminal Court. — Hon. John E. Ryland, Judge. (1) The court below committed error in using the term “presented” in the third instruction given for the state. The term presented, as applied to commercial paper, has an accepted and defined legal interpretation — means to present to bank on which it is drawn.
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Appeal from LaFayette Criminal Court. — Hon. John E. Ryland, Judge. (1) The court below committed error in using the term “presented” in the third instruction given for the state. The term presented, as applied to commercial paper, has an accepted and defined legal interpretation — means to present to bank on which it is drawn. (2) The court below committed error resulting in defendant’s conviction in giving instructions for •the state, numbered 9, 10 and 11. Neither one of said instructions required the jury to find that the defendant “intended to defraud.” Under the fourth count ■of the…
1Opinion of the CourtThomas, J.
Defendant was sentenced to imprisonment in the penitentiary for a term of seven years, by the criminal court of LaEayette county, for uttering and publishing a forged cheek.
In January, 1891, he had in his possession a check purporting to have been drawn by Thomas Scramshey on the Morrison-Wentworth Bank of Lexington, payable to B. W. Warren or bearer for $93, which he asked two or three men to cash, stating that it was drawn by Thomas Stramche. The parties to whom he presented it refused to take it and give him the money on it.
The evidence shows that a man by the name of Thomas T. Stramche…
2Cases cited3 opinions
- Rembert v. StateSupreme Court of Alabama · 1875
- State v. RuckerSupreme Court of Missouri · 1887
- State v. PhillipsSupreme Court of Missouri · 1883
3Cited by5 opinions
- Rowley v. United StatesCourt of Appeals for the Eighth Circuit · 1951
- State v. ChanceSupreme Court of Kansas · 1910
- State v. GulletteSupreme Court of Missouri · 1894
- State v. CordraySupreme Court of Missouri · 1906
- State v. TyreeSupreme Court of Missouri · 1907