State v. Carragin
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Wm. M. Kmsey, Judge. The court erred in denying defendant’s motion to require the State to elect, at close of all the evidence; and again erred in telling the jury in its fourth instruction that they could convict of both offenses, and which said instruction was pointedly excepted to by defendant.
Read the full summary
Appeal from St. Louis City Circuit Court. — Hon. Wm. M. Kmsey, Judge. The court erred in denying defendant’s motion to require the State to elect, at close of all the evidence; and again erred in telling the jury in its fourth instruction that they could convict of both offenses, and which said instruction was pointedly excepted to by defendant. The great weight of authority and the best considered cases sustain the following, to-wit: (1) Several counts may charge the commission of the offense in various ways in order to meet the proof. (2) In the absence of statute defining what offenses may…
1Opinion of the Court
GANTT, J. —
At the December term, 1905, the circuit attorney of the city of St. Louis filed an information, duly verified, in two counts, charging the defendant in the first count with forgery, and in.the second count with uttering said forged paper. The substantive part of both counts is as follows:
“That James B. Carragin on or about the ninth day of April in the year of our Lord, one thousand nine hundred-and three, at the city of St. Louis aforesaid, feloniously and wilfully did forge, counterfeit and falsely make a certain false, forged and counterfeit endorsement upon the back of a…
2Cases cited18 opinions
- People v. RyndersNew York Supreme Court · 1834
- State v. PittsSupreme Court of Missouri · 1875
- Mayo v. StateSupreme Court of Alabama · 1857
- State v. PorterSupreme Court of Missouri · 1858
- State v. DaubertSupreme Court of Missouri · 1868
13 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- State v. BrinkleySupreme Court of Missouri · 1945
- Murphy v. United StatesCourt of Appeals for the Seventh Circuit · 1923
- State v. TerrySupreme Court of Missouri · 1959
- State v. MilentzMissouri Court of Appeals · 1977
- State v. ChristianSupreme Court of Missouri · 1913
17 more not listed; retrieve them via the Exa API.