State v. Hardelein
Supreme Court of Missouri
Appeal from St- Louis City Circuit Court. — Hon. H. D. Wood, Judge. (1) Tbe State failed to introduce evidence sufficient to prove tbat Wilhelm Mueller was an elector. The State proved that William Mueller was a native of Germany, and-consequently that he was not an elector.
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Appeal from St- Louis City Circuit Court. — Hon. H. D. Wood, Judge. (1) Tbe State failed to introduce evidence sufficient to prove tbat Wilhelm Mueller was an elector. The State proved that William Mueller was a native of Germany, and-consequently that he was not an elector. Art. 8, see. 2, Constitution; sec. 7232, R. S. 1899; State v. Dan Shelly, 66 S. W. 430. (2) The instructions given by the court do not cover all the law of the case, in this, the court failed to- define the technical word “elector,” and failed in its- instructions-to tell the jury what constituted an attempt to- vote. (3)…
1Opinion of the CourtBurgess, J.
— The defendant was convicted in the circuit court of the city of St. Louis, and his punishment fixed at two years imprisonment in the penitentiary under an indictment charging him with having feloniously, falsely and fraudulently personated Wilhelm Mueller, an elector, and feloniously and fraudulently attempting to vote in and on the name of Wilhelm Mueller, an elector, at the election held on April 2, 1901, in said city, for certain municipal officers of said city.
Wilhelm Mueller was born in Germany and came to this country when he was eleven years of age. He registered from No. 1618 South…
2Cases cited1 opinion
- State v. DarrahSupreme Court of Missouri · 1899
3Cited by16 opinions
- State v. MaloneSupreme Court of Missouri · 1931
- State v. PotelloUtah Supreme Court · 1911
- State v. BarbataSupreme Court of Missouri · 1935
- Nishwitz v. BlosserMissouri Court of Appeals · 1993
- Polhemus v. Prudential Realty Corp.Supreme Court of New Jersey · 1907
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