State v. Morgan
| Decision Date | 08 November 1920 |
| Docket Number | No. 13186.,13186. |
| Citation | 225 S.W. 129 |
| Parties | STATE v. MORGAN. |
| Court | Missouri Court of Appeals |
Appeal from Circuit Court, De Kalb County; Alonzo D. Burnes, Judge.
"Not to be officially published."
Frank M. Morgan was convicted of making a false affidavit, and he appeals. Reversed.
Sherman & Otis, of St. Joseph, for appellant.
Covell R. Hewitt, of Maysville, for the State.
The defendant was indicted, tried, and convicted on the charge of making a false affidavit, as to a young lady's age, in support of another's application for a license to marry the young lady. His punishment was fixed at six months in the county jail, the extreme penalty fixed by section 4348, R. S. 1909. He has brought the case here on appeal.
The indictment then went on to charge that —
"Which affidavit aforesaid was then and there willfully, corruptly, and falsely by the said F. M. Morgan voluntarily made," etc., "whereas in truth and in fact said F. M. Morgan did not * * * know at the time that L. Florence Carrel was at said time of the age of 18 years," etc.
The case was submitted for the state upon an instruction which told the jury that if they believed from the evidence that the defendant "personally came before J. C. Moorman, recorder of deeds for the county of De Kalb, C. L. Uht, deputy, duly qualified as deputy of said J. C. Moorman, being then and there duly qualified, and having full authority to administer oaths," and that the...
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