Legal Opinion

State v. Armstrong

Supreme Court of Missouri

Decided April 15, 1891PublishedCited by 29 opinions

Appeal from St. Louis Court of Criminal Correction. Hon. E. A. Noonan, Judge. This is a charge of criminal libel. The defendant lived in Mexico, Missouri, and the Sprague Collecting Agency did business in Chicago, Illinois, and the defendant’s firm, consisting of Kabrich, Armstrong, Atkins and Snyder, employed this agency to do some collecting for them, and among the claims placed in its hands was one of $5 against the prosecuting witness, Mary Vincil.

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Appeal from St. Louis Court of Criminal Correction. Hon. E. A. Noonan, Judge. This is a charge of criminal libel. The defendant lived in Mexico, Missouri, and the Sprague Collecting Agency did business in Chicago, Illinois, and the defendant’s firm, consisting of Kabrich, Armstrong, Atkins and Snyder, employed this agency to do some collecting for them, and among the claims placed in its hands was one of $5 against the prosecuting witness, Mary Vincil. The agency used an envelope which bore the device “bad debt” in large letters. The charge consists in accusing the defendant of procuring the…

1Opinion of the CourtGantt, P. J.

The appellant contends that various errors were committed in this trial, and they will be noticed in the order in which he complains. His first assignment is the insufficiency of the information. The verification is claimed to be bad, because the prosecutrix only swore that the facts stated were “true to her best knowledge and belief.” This was ruled otherwise in the recent decision of this court in State v. Bennett, 102 Mo. 356. It is next said that the information is bad for duplicity. This objection is raised for the first time in the motion in arrest. There are various methods for taking…

2Cases cited5 opinions

  1. State v. BennettSupreme Court of Missouri · 1890
  2. Campbell v. CampbellWisconsin Supreme Court · 1882
  3. Wilson v. NoonanWisconsin Supreme Court · 1871
  4. State v. HosmerSupreme Court of Missouri · 1885
  5. Johnson v. CommonwealthSupreme Court of Pennsylvania · 1888

3Cited by29 opinions

  1. Cook v. Globe Printing Co.Supreme Court of Missouri · 1910
  2. Paxton v. WoodwardMontana Supreme Court · 1904
  3. Dyer v. Globe-Democrat Publishing Co.Supreme Court of Missouri · 1964
  4. Jacobs v. Transcontinental & Western Air, Inc.Supreme Court of Missouri · 1948
  5. Heller v. Pulitzer Publishing Co.Supreme Court of Missouri · 1899

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