State v. O'Brien
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. FranJdin Ferris, Judge. The ease of State v. Shelley, 166 Mo. 616, is decisive of this case. The judgment should be reversed and the cause remanded. The case of State v. Shelley, 166 Mo. 616, was reversed, the court holding the instruction given was erroneous. Since this case contains the same instruction, it should also be reversed.
1Opinion of the CourtSherwood, P. J.
— Prosecution under section 7261, Revised Statutes 1899, which makes it a felony for one to personate an elector, etc.
*405The court gave this instruction: “Second. A. The court instructs the jury that if you believe from the evidence that the name of Thomas Leonard appeared upon the registration books of the particular precinct in the indictment named and offered in evidence, then this fact is prima facie evidence that said Leonard was an elector and entitled to vote in said precinct.”
There was no evidence to support the charge that Thomas Leonard was an elector except his name was registered as…
2Cases cited1 opinion
- State v. ShelleySupreme Court of Missouri · 1902