State v. Little
| Decision Date | 21 September 1926 |
| Docket Number | No. 19336.,19336. |
| Citation | 287 S.W. 809 |
| Parties | STATE v. LITTLE. |
| Court | Missouri Court of Appeals |
Appeal from St. Louis Court of Criminal Correction; Calvin N. Miller, Judge.
"Not to be officially published."
William F. Little was convicted of violating the Blue Sky Law, and he appeals. Reversed and remanded.
Benj. J. Klene, of St. Louis, for appellant.
Albert L. Schweitzer, Pros. Atty., and Henry J. Mueller, Associate Pros. Atty., both of St. Louis, for the State.
The defendant, W. F. Little, was convicted in the St. Louis court of criminal correction on an information charging him with a violation of the so-called Blue Sky Law of the state of Missouri, "as set forth in article 7, §§ 11919 to 11932, both inclusive, of the Revised Statutes of Missouri of 1919," and was fined $1,000 and ordered imprisoned for three months in the city jail, and in due course brings this appeal.
The record discloses that the defendant duly filed his motion to quash the amended information, upon which this cause was eventually tried, which said motion the court overruled.
In light of the conclusion we have reached we need direct our attention to but one assignment of error, namely, the action of the trial court in overruling defendant's motion to quash.
An examination of the statutes of our state discloses that the Blue Sky Law, as it is set forth in sections 11919 to 11932, Revised Statutes of Missouri 1919, was amended by our Legislature in 1921. At said session the Legislature created the department of finance of the state of Missouri, and by the terms of this act the department of finance thereby created was given the jurisdiction theretofore possessed and exercised by the state banking department, the state bank commissioner, the bureau of building and loan supervision, the supervisor of building and loan associations, and the soldier settlement board, and the said banking department, and the state bank commissioner, the bureau of building and loan supervision, the supervisor of building and loan associations, and the soldier settlement board were thereby abolished. See Laws of Missouri 1921, p. 394.
The information which we have before us here on this appeal seeks to charge the defendant as for a violation of the Blue Sky Law of Missouri, namely, sections 11919 to 11932, inclusive, as they appear in the Revised Statutes of Missouri 1919, but not under these sections of the statute as amended by our Legislature in 1921 (see Laws of Missouri 1921, p. 394), though the alleged unlawful sale is set out in the indictment as having been made on the 14th day of February, 1923. It is readily apparent in this situation that the information seeks to charge the defendant as for a violation in not obtaining a permit from the state bank commissioner at a time when under our law the...
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State v. Graham
...978, 211 S.W.2d 925; State v. Crawford, Mo., 251 S.W.2d 76; State v. Reynolds, Mo.App., 274 S.W.2d 514; refer to note 12.10 State v. Little, Mo.App., 287 S.W. 809.11 City of Plattsburg v. Smarr, Mo.App., 216 S.W. 538; City of Cape Girardeau v. Bennett, Mo.App., 27 S.W.2d 447; see 42 C.J.S. ......
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State v. Kaner, 34519.
...with the commission of the offense the defect is fatal. State v. Edwards, 70 Mo. 480; State v. Anderson, 250 S.W. 70; State v. Little, 287 S.W. 809; State v. Sherrill, 278 S.W. 992; State v. Zingher, 259 S.W. 451. (2) Where defendant's defense is an alibi and the court submits instructions ......