State v. Hathhorn
Supreme Court of Missouri
Appeal from Oole Circuit Court. — Hon. T. B. Robinson> Judge. (1) The indictment is bad for the reason that it does not negative the exceptions contained in the section of the statute under which it was drawn.
Read the full summary
Appeal from Oole Circuit Court. — Hon. T. B. Robinson> Judge. (1) The indictment is bad for the reason that it does not negative the exceptions contained in the section of the statute under which it was drawn. This indictment was drawn when .the statute of 1889 was in force and is drawn under either section 3644, section 3645 or 3646, which correspond at this time to sections 2012, 2013, 2014, each of which contains an exception and the indictment does not negative such exception. If it was drawn under section 3644, the indictment is bad, for the words “or caused to be uttered” are not…
1Opinion of the CourtSherwood, P. J.
The prosecution in this cause was bottomed on section 3611, ReAÚsed Statutes 1889, noAv section 2012, ReAdsed Statutes 1899, which reads in this. Avay:
*234“Every person who shall have in his possession, buy or receive any falsely made, altered, forged or counterfeit instrument or writing, the forgery of which is hereinbefore declared to be an offense, except such as are enumerated in section 3633, knowing the same to be forged, counterfeited or falsely made or altered, with intent to injure or defraud, by uttering the same as true or false, or causing the same to be so uttered, shall upon…
2Cases cited15 opinions
- State v. MeyersSupreme Court of Missouri · 1889
- State v. BrooksSupreme Court of Missouri · 1887
- State v. ClintonSupreme Court of Missouri · 1878
- State v. FoleySupreme Court of Missouri · 1898
- State v. PattersonSupreme Court of Missouri · 1885
10 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- State v. BarringtonSupreme Court of Missouri · 1906
- State v. GravesSupreme Court of Missouri · 1944
- State v. MeysenburgMissouri Court of Appeals · 1902
- State v. PfeiferSupreme Court of Missouri · 1916
- State v. StarrSupreme Court of Missouri · 1912
10 more not listed; retrieve them via the Exa API.