State v. Exnicious
Supreme Court of Missouri
■ Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) There was a material variance between the allegations of the indictment and the proof, as to how the appellant signed the alleged books of- registration, if he signed them at all.
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■ Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) There was a material variance between the allegations of the indictment and the proof, as to how the appellant signed the alleged books of- registration, if he signed them at all. And the court, disregarding this material variance and the appellant’s demurrer to the evidence, in instructing the jury (in the first and principal instruction) permitted them to find that the appellant had wilfully, etc., signed the said official registers and books of registration by writing thereon the name of Joseph Walters as and…
1Opinion of the CourtFox, J.
This cause is now pending before this court upon appeal by the defendant' from a judgment rendered in the circuit court of the city of St. Louis, convicting him of the offense of fraudulently registering as a voter of the Tenth election precinct of the Fifteenth ward of the city of St. Louis, under a name not his own.
On the 21st day of September, 1998, the grand jury of the city of St. Louis returned an indictment, charging the defendant with the offense as above indicated. The sufficiency of the indictment is not challenged, hence there is no necessity for burdening this opinion with a…
2Cases cited1 opinion
- State v. JuddSupreme Court of Missouri · 1909
3Cited by2 opinions
- State v. ThavanotSupreme Court of Missouri · 1910
- State v. O'BrienSupreme Court of Missouri · 1910