State v. Crooker

• Decision Date: 04 June 1888
• Citation: 95 Mo. 389,8 S.W. 422
• Parties: STATE v. CROOKER.
• Court: Missouri Supreme Court

8 S.W. 422

95 Mo. 389

STATE v. CROOKER.

Supreme Court of Missouri.

June 4, 1888.

FALSE PRETENSES — INDICTMENT — DESCRIPTION OF PROPERTY OBTAINED.

Under Rev. St. Mo. § 1561, defining certain offenses as felonies, and providing that an indictment for such offenses shall be sufficient if charging that "the accused did unlawfully and feloniously obtain from ____ his or her money or property by means and by use of a cheat," etc., an indictment charging that defendant "did obtain of and from E. and P. her, his, and their property, to-wit, certain real estate and personal property, the exact description of which is unknown to these grand jurors, of the value of $6,075, by means," etc., is fatally defective, as not stating what particular property defendant was charged with having feloniously obtained.

Appeal from criminal court, Jackson county; HENRY P. WHITE, Judge.

Peak, Yeager & Ball and G. F. Ballingall, for appellant. The Attorney General, for respondent.

BRACE, J.

The defendant was indicted in the criminal court of Jackson county at Kansas City at its November term, 1885. The indictment contained two counts, one under section 1335, and the other under section 1561, Rev. St. 1879. During the progress of the trial, the state dismissed the first and elected to proceed under the second count. Its sufficiency was called in question by an objection to the introduction of any testimony under the indictment, and by the motion in arrest of judgment. The trial court held it sufficient, and its so holding is assigned for error, and on the record here the first question presented for consideration is the sufficiency of the second count of the indictment, which is as follows: "And the grand jurors aforesaid, upon their oaths aforesaid, do further present and charge that H. D. Crooker, whose Christian name in full is unknown to these grand jurors, at Jackson county, in the state of Missouri, on the ______ day of December, 1884, unlawfully, feloniously, and with intent to cheat and defraud, did obtain of and from Mary Eskens and Peter Eskens, her, his, and their property, to-wit, certain real estate and personal property, the exact description of which is unknown to these grand jurors, of the value of $6,075, by means and by use of a cheat and a fraud and a trick and a deception, and false and fraudulent representation, and a false and fraudulent statement, and a false pretense, and a confidence game, and a false and bogus instrument, contrary to the form of the statute in such cases made and provided, and against the peace and dignity of the state." Section 1561, under which it is drawn, is as follows: "Every person who, with intent to cheat and defraud, shall obtain, or attempt to obtain, from any other person or persons any money, property, or valuable thing whatever, by means or by use of any trick or deception, or false and fraudulent representation or statement or pretense, or by any other means, or instrument or device, commonly called the `Confidence Game,' or by means or by use of any false or bogus check, or by any other written or printed or engraved instrument, or spurious coin or metal, shall be deemed guilty of a felony, and upon conviction be punished by imprisonment in the penitentiary for a term not less than two years. In every indictment under this section, it shall be deemed and held a sufficient description of the offense to charge that the accused did, on ______, unlawfully and feloniously obtain, or attempt to obtain, (as the case may be,) from A. B., (here insert the name of the person defrauded,) his or her money or property by means and by use of a cheat or fraud or trick or deception, or false and fraudulent representation or statement, or false pretense or confidence game, or false and bogus check or instrument or coin or metal, (as the case may be,) contrary to the form of the statute," etc.

It will be observed that this count in the indictment is drawn in terms as general as the statute itself, except in two particulars, — the insertion of the name of the defendant, and of the parties from whom it is charged he obtained property. It is a fundamental rule of criminal pleading, of such importance to the rights of a citizen as to have received the guaranty of constitutional protection, that no...