State v. Farris
| Decision Date | 05 April 1921 |
| Docket Number | No. 16373.,16373. |
| Parties | STATE v. FARRIS. |
| Court | Missouri Court of Appeals |
Appeal from St. Louis Court of Criminal Correction; Calvin N. Miller, Judge.
"Not to be officially published."
Frank H. Farris was indicted under Rev. St:, 1919, §§ 3177, 3490, for crime, and, demurrer having been sustained to the indictment, the State appeals. Affirmed.
Fauntleroy, Cullen & Hay, of St. Louis, for the State.
Howard Sidener, of St. Louis, for respondent.
At the April term, 1919, of the circuit court of the city of St. Louis, Mo., an indictment was filed, charging the respondent with the offense of unlawfully conspiring and confederating, on the 27th day of November, 1916, for the purpose of giving money to certain persons, who might thereafter be members of the Forty-Ninth General Assembly of the state of Missouri, with the intent to corruptly influence and induce the aforesaid persons to give their votes for and in favor of the passage and enactment into law, by the said General Assembly, of a bill increasing the salaries of the members of the metropolitan police department of the city of St. Louis. In accordance with section 13833, Revised Statutes 1919, the case was transferred to the St. Louis Court of Criminal Correction. The defendant interposed a demurrer to the indictment, which was sustained by the court, and the state appealed.
No briefs are filed here on behalf of either party to this suit; nevertheless, in accordance with section 4106, Revised Statutes 1919, it becomes our duty to proceed herein and render judgment upon the record before
Omitting caption and leaving off the formal parts, the indictment is as follows:
"That Frank H. Farris, on or about the 27th day of November, 1916, at the city of St. Louis aforesaid, unlawfully, willfully, maliciously, and corruptly did conspire, combine, confederate, and agree with Ray H. Cumming, James J. Mackay, Stephen Collins, and divers other persons, whose names are to these grand jurors unknown, to unlawfully, willfully, maliciously, and corruptly present to the Forty-Ninth General Assembly of the state of Missouri, thereafter to be duly convened, for passage and enactment into law by the said General Assembly, a certain matter of legislation concerning an increase of salaries for the members of the metropolitan police department of the city of St. Louis, holding the positions of sergeants, patrolmen, and probationary patrolmen in said police department, and to unlawfully, willfully, maliciously, and corruptly solicit, procure, and obtain of and from 189 persons, members of the metropolitan police department of the city of St. Louis aforesaid, then and there holding the positions of sergeant in said police department, whose names were not then and there mentioned by the said Frank H. Farris, Ray H. Cumming, James J. Mackay, Stephen Collins, and the said divers other persons, whose names are to these grand jurors unknown, a certain sum of money, to wit, the sum of $15 each, aggregating $2,835, and to unlawfully, willfully, maliciously, and corruptly solicit, procure, and obtain of and from 1,200 persons, members of the metropolitan police department of the city of St. Louis aforesaid, then and there holding the positions of patrolmen in said police department, whose names were not then and there mentioned by the said Frank H. Farris, Ray H. Cumming, James J. Mackay, Stephen Collins, and said divers other persons, whose names are to these grand jurors unknown, a certain sum of money, to wit, the sum of $10 each, aggregating $12,000, and to unlawfully, willfully, maliciously, and corruptly solicit, procure, and obtain of and from 150 persons, members of the metropolitan police department of the city of St. Louis aforesaid, then and there holding the positions of probationary patrolmen in said police department, whose names were not then and there mentioned by the said Frank H. Farris, Ray H. Cumming, James J. Mackay, Stephen Collins, and the divers other persons whose names are to these grand jurors unknown, a certain sum of money, to wit, the sum of $5 each, aggregating $750, with the unlawful, willful, malicious, and corrupt agreement and purpose then and there, on the part of the said Frank H. Farris, Ray H. Cumming, James J. Mackay, Stephen Collins, and the said divers other persons whose names are to these grand jurors unknown, that the aforesaid sums of money, to wit, the total sum of $15,585, should be paid to the said Frank H. Farris, as a gratuity and reward for himself and certain persons who might thereafter be members of the said Forty-Ninth General Assembly of the state of Missouri, thereafter to be duly convened, the names of the said persons being to these grand jurors unknown, with the unlawful, willful, malicious, and corrupt intent then and there, on the part of the said Frank H. Farris, Ray H. Cumming, James J. Mackay, Stephen Collins, and the said divers other persons whose names are to these grand jurors unknown, to unlawfully, maliciously, and corruptly influence and induce the aforesaid persons, who might thereafter be members of the said Forty-Ninth General Assembly of the state of Missouri, in the manner and by the means aforesaid, to give their influence, interest, and votes for and in favor of the aforesaid matter of legislation, concerning an increase of salaries for the members of the metropolitan police department of the city of St. Louis aforesaid, holding the positions of sergeants, patrolmen, and probationary patrolmen in said police department, which said matter of legislation might by law be brought before them and be acted upon by them in their official capacity as members `of the said Forty-Ninth General Assembly of the state of Missouri; and that the said Ray H. Cumming thereafter, to wit, during the month of April, in the year of our Lord 1917, at the city of St. Louis aforesaid, in furtherance and in pursuance of and to effect the object of the aforesaid unlawful, willful, malicious, and corrupt conspiracy, combination, confederation, and agreement, did unlawfully, willfully, maliciously; and corruptly solicit and attempt to obtain of and from each of the following persons, to wit, Charles M. Coom, Oscar L. Collard, Harry W. Lemkemeier, Joseph G. Lesyna, and John J. Quinn, then and there members of the metropolitan police department of the city of St. Louis aforesaid, a sum of money, to wit, the sum of $8, against the peace and dignity of the state."
The indictment is predicated upon sections 3177 and 3490, Revised Statutes 1919. That part of said section 3177 pertaining to the charge in...
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State v. Byrnes
...S-2 was not erroneous as it correctly states the law as to soliciting a bribe. State v. Sullivan, 110 Mo.App. 75, 84 S.W. 105; State v. Farris, 229 S.W. 1100; Walsh v. People, 65 Ill. 58, 16 Am. Rep. State v. Nye, 11 Ohio N. P. (N. S.) 616; Commonwealth v. Albert, 307 Mass. 239, 29 N.E.2d 8......
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State v. Byrnes
...S-2 was not erroneous as it correctly states the law as to soliciting a bribe. State v. Sullivan, 110 Mo. App. 75, 84 S.W. 105; State v. Farris, 229 S.W. 1100; Walsh v. People, 65 Ill. 58, 16 Am. Rep. 569; State v. Nye, 11 Ohio N.P. (N.S.) 616; Commonwealth v. Albert, 307 Mass. 239, 29 N.E.......
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State v. Ivanhoe
...in the case of State v. Sullivan, 110 Mo. App. 75, 84 S.W. 105; and also by the St. Louis Court of Appeals in the case of State v. Farris, 229 S.W. 1100. The legal validity of the opinions in those cases does not appear ever to have been questioned. They are entitled to approval and adheren......
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State v. Brown
...171 Mo. 1, 71 S.W. 229, and State v. Schnettler, 181 Mo. 173, 79 S.W. 1123, involved the first subsection of Sec. 558.020. State v. Farris, Mo.App., 229 S.W. 1100, State v. Butler, 178 Mo. 272, 77 S.W. 560, State v. Adcox, 312 Mo. 55, 278 S.W. 990, and State v. Adams, 308 Mo. 664, 274 S.W. ......