State v. Holmes

• Decision Date: 06 February 1912
• Citation: 239 Mo. 469,144 S.W. 417
• Parties: STATE v. HOLMES.
• Court: Missouri Supreme Court

144 S.W. 417

239 Mo. 469

STATE v. HOLMES.

Supreme Court of Missouri, Division No. 2.

February 6, 1912.

1. CRIMINAL LAW (§ 813)—ABSTRACT INSTRUCTIONS— FRAUDULENT REGISTRATION.

An instruction, in a prosecution for offering and attempting to fraudulently register, that an attempt to falsely register is a criminal and felonious intent coupled with an act toward the doing of the act, but which failed in the perpetration, was properly refused as abstract.

2. ELECTIONS (§ 312)—OFFENSES—FRAUDULENT REGISTRATION.

In a prosecution for offering and attempting to fraudulently register, an instruction that the state must prove beyond a reasonable doubt that the defendant did feloniously intend to register, and that in pursuance to such intent he was sworn to answer questions put to him by the judges of registration, that he gave a false name and address, and that he attempted to sign the books of registration, was properly refused as an incorrect statement of law.

3. CRIMINAL LAW (§ 811)—INSTRUCTIONS—SINGLING OUT EVIDENCE.

In a prosecution for offering and attempting to fraudulently register, an instruction that the giving of an address and a name, though not true, to a clerk of registration, is not an attempt to feloniously register, were properly refused as singling out a portion of the evidence.

4. ELECTIONS (§ 312)—FRAUDULENT REGISTRATION—CRIMINAL PROSECUTION.

Under Rev. St. 1909, § 6110, subd. 1, which provides that a registration judge shall administer to all persons personally applying to register the oath therein prescribed, a person who presented himself and requested to be registered had made a complete application, and his prosecution for fraud therein was properly brought under section 4441, denouncing a fraudulent offer or attempt to register, rather than under section 6154, which denounces an offer or attempt to make application to register.

Appeal from St. Louis Circuit Court.

James Holmes was convicted of offering and attempting to fraudulently register, and appeals. Affirmed.

The defendant was convicted of offering and attempting to register in the city of St. Louis in a name not his own, and sentenced to two years in the penitentiary, and has appealed.

The indictment, so far as necessary to be read, charged "that the defendant unlawfully, feloniously, willfully, knowingly, falsely, and fraudulently did then and there offer and attempt to register under a name not his own to wit, under the name of `Joseph Hanley,' and in such offer and attempt did then and there unlawfully, feloniously, willfully, knowingly, falsely, and fraudulently pretend and represent to the said judges, clerks, and officers of registration of said Sixth election precinct of the Fifth ward of said city of St. Louis; that his name was Joseph Hanley, and that he was one Joseph Hanley, and gave his address as 810 North Seventh street in the said election precinct, and that he was entitled to register and be registered on the books of registration and registers of said election precinct as a qualified voter and elector of said election precinct, under said name of Joseph Hanley, and requested that said judges, clerks, and officers of registration of said election precinct enter, write, and register the name of him, the said James Holmes, on said poll books and books of registration of said election precinct, as Joseph Hanley and as a resident and qualified voter and elector of said election precinct, entitled to vote and register in said election precinct as Joseph Hanley, he, the said James Holmes, then and there well knowing that his name was not Joseph Hanley." There was a motion to quash the indictment, which was overruled.

The state's evidence tended to show as follows: "On September 22, 1910, there was duly held in each ward and election precinct of the city of St. Louis a general registration of electors, and appellant, whose correct name is James Holmes, entered the polling place of the Sixth precinct of the Fifth ward, at 817 North Seventh street about the noon hour, following a man named Martin Hyland. While Hyland was registering, appellant went up to Isaac Stockman, one of the Republican judges of election, and said he wanted to register. When Stockman asked him his name and address, appellant replied that his name was Joseph Hanley, residing at 810 North...