State v. Helderle

• Decision Date: 14 May 1907
• Citation: 203 Mo. 574,102 S.W. 558
• Parties: STATE v. HELDERLE.
• Court: Missouri Supreme Court

102 S.W. 558

203 Mo. 574

STATE v. HELDERLE.

Supreme Court of Missouri. Division No. 2.

May 14, 1907.

1. ELECTIONS — ILLEGAL VOTING — INFORMATION —SUFFICIENCY.

An information for illegal voting charging that defendant appeared before the judges and clerks of the fifth election precinct of the Eighth Ward in a city, applied for and received a ballot, and cast the ballot and vote at the election; that on the same day, at the same election, defendant appeared at the polling place of the second precinct of the Eighth Ward of the city, followed by a repetition of the allegation that he applied for and received from the judges and clerks of the election of the fifth precinct in the Eighth Ward a ballot and cast the same and voted at the election—was insufficient, as not showing whether he was charged with voting more than once at the same precinct or with voting more than once at different precincts.

2. CRIMINAL LAW—JUDGMENT—INFORMATION.

A judgment of conviction can only be permitted to stand when it is predicated on an information that substantially charges the offense.

Appeal from St. Louis Circuit Court; Matt. G. Reynolds, Judge.

Joseph A. Helderle was convicted of illegal voting, and appeals. Reversed.

This cause is now before this court upon appeal from a judgment of the circuit court of the city of St. Louis convicting the defendant of voting more than once at different election precincts in the city of St. Louis in violation of section 2114, Revised Statutes of Missouri of 1899 [Ann. St. 1906, p. 1368]. As the main contention upon this appeal consists of a challenge to the sufficiency of the information, we here, omitting formal parts, reproduce it. It is as follows: "Comes now Arthur N. Sager, circuit attorney, within and for the city of St. Louis (said city comprising the eighth judicial circuit of the state of Missouri), and now here in court, on his official oath, and on behalf of the state of Missouri, information makes that on the fourth day of April, one thousand nine hundred and five, at the city of St. Louis aforesaid, and in each ward and election precinct of the said city of St. Louis, a municipal election was had and held pursuant to the Constitution and the laws of the state of Missouri, and the scheme and charter of the said city of St. Louis thereunder enacted, for the choice and election of certain municipal officers of the said city, to wit, mayor, comptroller, auditor, treasurer, register, collector, inspector of weights and measures, marshal, president of the board of assessors, president of the board of public improvements, president of the council, members of the city council, members of the board of education, and members of the house of delegates from the several and respective wards of the said city, and that then and there, at the said city of St. Louis, and at the polling place of the fifth election precinct of the Eighth Ward of the said city, at the southwest corner of Broadway and Ann avenue, on the said fourth day of April, in the year one thousand nine hundred and five (the same being the first Tuesday in April of said year) at the municipal election aforesaid, and before the duly appointed and qualified judges and clerks of election within and for the said election precinct, one Joseph A. Helderle did appear and did then and there before the judges and clerks of election aforesaid, apply for and receive a ballot, and did then and there...