State v. Cheek
Supreme Court of Missouri
Appeal from Jasper County Circuit Court. I. The circuit court erred in overruling the plea in abatement, and erred in refusing to bear evidence in support of the plea. (Wagn. Stat. 1087, § 4; Austin vs. State, 12 Mo. 394 ; State vs. Welch, 83 Mo. 33.) II. The evidence offered was not competent to prove that the Adams Express Co. was incorporated. The fact must have been proved by a certified copy of the articles of the'association from the office of the secretary of State.
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Appeal from Jasper County Circuit Court. I. The circuit court erred in overruling the plea in abatement, and erred in refusing to bear evidence in support of the plea. (Wagn. Stat. 1087, § 4; Austin vs. State, 12 Mo. 394 ; State vs. Welch, 83 Mo. 33.) II. The evidence offered was not competent to prove that the Adams Express Co. was incorporated. The fact must have been proved by a certified copy of the articles of the'association from the office of the secretary of State. (Wagn. Stat., 289, § 4.) Wé contend that .§ 22, p. 1104, as to practice in criminal eases, does not apply, because an…
1Opinion of the CourtWagner, Judge
This was an indictment against the defendant, who was agent of an express company, for embezzlement. He was convicted, and it is urged that there was no evidence of any crime having been committed, but the confessions of the defendant himself. But this was a mistake. A witness testified that he gave the money to the defendant to be transmitted by express, and that it never reached its destination, and that defendant admitted that he converted and appropriated it to his own use. All these facts, taken together, constituted ample evidence on the subject.
The incorporation of the company was…
2Cases cited1 opinion
- Austin v. StateSupreme Court of Missouri · 1849
3Cited by6 opinions
- State v. KnowlesSupreme Court of Missouri · 1904
- State v. DowlingSupreme Court of Missouri · 1950
- State v. WiseSupreme Court of Missouri · 1905
- State v. DeckerSupreme Court of Missouri · 1909
- Smith v. SpeerNew Jersey Court of Chancery · 1881
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