State v. Allison

Decision Date06 June 1916
Docket NumberNo. 14421.,14421.
PartiesSTATE v. ALLISON.
CourtMissouri Court of Appeals

Appeal from St. Louis Court of Criminal Correction; Calvin N. Miller, Judge.

"Not to be officially reported."

Ira Allison was convicted of obtaining money by means of false pretenses, and he appeals. Judgment reversed, and defendant ordered discharged.

Seebert G. Jones, of St. Louis, for appellant. Howard Sidener, of St. Louis, for the State.

NORTONI, J.

Defendant appeals from a judgment convicting him on a charge of misdemeanor in obtaining $10 by means of a false pretense.

The relevant portions of the information charging the alleged offense are as follows:

"That Ira Allison in the city of St. Louis on or about the 28th day of February, 1913, feloniously, intentionally, falsely, and designedly, with intent to cheat and defraud one Louis A. Laporte, did feloniously and falsely pretend and represent to the said Louis A. Laporte that he, Ira Allison, could and would cure the said Laporte of varicocele, a bodily ailment, affliction, and infirmity, with four injections and treatments with some medicine and drug, the name, character, nature, and description of which the said Ira Allison did not disclose to the said Louis A. Laporte, and the said Louis A. Laporte, believing the said false pretenses and representations, so made as aforesaid, to be true, and relying and confiding in the same, and being deceived thereby, was induced by reason thereof to pay and did pay to the said Ira Allison, for said treatments and injections, the sum of $10 lawful money of the United States, and that the said Ira Allison, by means of the said false pretenses and representations so made to the said Louis A. Laporte as aforesaid unlawfully, feloniously, and designedly did obtain of and from the said Louis A. Laporte the said sum of $10 of the moneys and property of the said Louis A. Laporte, with intent him, the said Louis A. Laporte, then and there to cheat and defraud of the same; whereas, in truth and fact, the said Ira Allison could not and would not cure the said Louis A. Laporte of a bodily ailment, affliction, and infirmity, to wit, varicocele, with four injections and treatments with medicine and drugs as he, the said Ira Allison, then and there well knew, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the state." (We italicize the portions of the information to which attention is invited.)

The prosecution...

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1 cases
  • Moses v. Klusmeyer
    • United States
    • Missouri Court of Appeals
    • June 6, 1916
    ... ... If he make no correction aside from merely stating to-day a state of facts diametrically contrary to, and contradictory of, what he said in the same case on yesterday, ought the jury to pass upon his credibility, in ... ...

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