State v. Chissell
Supreme Court of Missouri
Appeal from Randolph Oircnit Court. — Hon. Fred Lamb, Special Judge. (1) The instruction asked by the defendant at the ■close of the State’s evidence and the one at the close of the whole case should have been given by the court, for the reason that there was a fatal variance between the allegations of the information and the proof made by the evidence. State v. Samuels, 144 Mo. 68; State v. Allen, 171 Mo. 562; State v. Young, 237 Mo. 170; Sherwood’s Crim.
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Appeal from Randolph Oircnit Court. — Hon. Fred Lamb, Special Judge. (1) The instruction asked by the defendant at the ■close of the State’s evidence and the one at the close of the whole case should have been given by the court, for the reason that there was a fatal variance between the allegations of the information and the proof made by the evidence. State v. Samuels, 144 Mo. 68; State v. Allen, 171 Mo. 562; State v. Young, 237 Mo. 170; Sherwood’s Crim. Law, pp. 371-4. The instructions in the nature of a demurrer at the close of the evidence should have given for the reason.that the…
1Opinion of the CourtKennish, J.
— At the June term, 1911, of the circuit court of Randolph county, appellant was convicted of the offense of uttering a forged check, knowing-the same to be a forgery. The jury assessed his punishment at imprisonment in the penitentiary for a *553term of five years, and from the judgment entered pursuant to the verdict he appealed to this court.
The information was based on Sec. 4656, R. S. 1909, and charged that the defendant, with intent to defraud one George Hoffberger, sold, exchanged and delivered to said Hoffberger, as true, for the valuable consideration of five dollars, a falsely made and…
2Cases cited10 opinions
- State v. ConwaySupreme Court of Missouri · 1912
- State v. SakowskiSupreme Court of Missouri · 1905
- State v. HarrisSupreme Court of Missouri · 1908
- State v. DockerySupreme Court of Missouri · 1912
- State v. HarrounSupreme Court of Missouri · 1906
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3Cited by4 opinions
- State v. MacESupreme Court of Missouri · 1956
- State v. PriceSupreme Court of Missouri · 1951
- State v. HascallSupreme Court of Missouri · 1920
- State v. BywatersSupreme Court of Missouri · 1972