State v. Scott
Supreme Court of Missouri
Appeal from St. Louis Criminal Court. I. It is not necessary, in prosecutions for forgery, to charge a design to defraud any person or corporation; but this is of the essence of the offence where the whole gravamen of the crime complained of is directed, as in this case, against one individual. II. The indictment does not charge that the check was not paid. (1 Chit. Or. Law, 168-9; see generally 2 Burr. 1127; The People v. Gates, 15 Wend* 818.) III.
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Appeal from St. Louis Criminal Court. I. It is not necessary, in prosecutions for forgery, to charge a design to defraud any person or corporation; but this is of the essence of the offence where the whole gravamen of the crime complained of is directed, as in this case, against one individual. II. The indictment does not charge that the check was not paid. (1 Chit. Or. Law, 168-9; see generally 2 Burr. 1127; The People v. Gates, 15 Wend* 818.) III. The indictment does not charge that any crime was actually perpetrated. It simply charges an intent, the object of which was never executed. In…
1Opinion of the CourtWagner, Judge
The defendant appealed from the judgment of. conviction obtained against him in the Criminal Court, and the first objection assigned is the insufficiency of the indictment. The indictment sets out, in substance, that the defendant “unlawfully, knowingly, feloniously and designedly did falsely pretend to John N. Conn that a certain paper writing produced by the defendant to the said Conn, and purporting to be a check drawn by the defendant upon the National Trust Company of the city of New York for the payment, to the order of said defendant, of the sum of $150 in current funds, was then and…
2Cases cited1 opinion
- State v. BonnellSupreme Court of Missouri · 1870
3Cited by9 opinions
- State v. YergerSupreme Court of Missouri · 1885
- State v. SharplessSupreme Court of Missouri · 1908
- State v. GulletteSupreme Court of Missouri · 1894
- Commonwealth v. JohnsonCourt of Appeals of Kentucky · 1916
- State v. SamuelsSupreme Court of Missouri · 1898
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