State v. Muir, No. 19384.
| Court | United States State Supreme Court of Missouri |
| Writing for the Court | Walker |
| Citation | 186 S.W. 1047 |
| Parties | STATE v. MUIR. |
| Docket Number | No. 19384. |
| Decision Date | 31 May 1916 |
v.
MUIR.
Appeal from Circuit Court, Cooper County; J. G. Slate, Judge.
Robert H. Muir was convicted of disposing of mortgaged chattels without the consent of the mortgagee or beneficiary, and he appeals. Reversed and remanded.
Jeffries & Corum, of St. Louis, and W. V. Draffen, of Boonville, for appellant. John T. Barker, Atty. Gen., and Shrader P. Howell, Asst. Atty. Gen., for the State.
WALKER, J.
The defendant, under section 4570, R. S. 1909, was charged in an information with disposing of mortgaged chattels without the consent of the mortgagee or beneficiary. Upon a trial in the circuit court of Cooper county he was convicted and sentenced to two years' imprisonment in the penitentiary. From this judgment he appeals.
The statute upon which the information is based charges an offense for which the defendant, upon conviction, may be punished by imprisonment in the penitentiary. The employment of the word "feloniously" is required to properly charge an offense of this character. The information does not so charge. This we have repeatedly held to be a fatal defect from Jane v. State, 3 Mo. 61, down to State v. Siegel, 265 Mo. loc. cit. 245, 177 S. W. 353. This question was carefully reviewed in the Siegel Case, and further comment thereon is unnecessary at this time. In view of the insufficiency of the information it is not deemed necessary to discuss other errors assigned.
The transcript in this case is burdened with a record of the proceedings before a justice of the peace, based upon a complaint filed against defendant for the offense for which he was subsequently informed against and tried in the circuit court and which is now before us for consideration. The proceedings before the justice of the peace have no place in the transcript certified to this court, and their incorporation therein is inexcusable.
For the defect noted in the information, this case must be reversed, and, that the state may be enabled to take such action therein as the facts warrant, it is remanded. All concur.
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State v. Pryor, 35954
...State v. Feazell, 132 Mo. 176; State v. McGrath, 228 Mo. 413; State v. Dixon, 247 Mo. 668; State v. Siegel, 265 Mo. 239; State v. Muir, 186 S.W. 1047; State v. Bennett, 297 Mo. 190; State v. Whalen, 297 Mo. 241; Art. VII, Chap. 92, R. S. 1919; Sec. 4491, R. S. 1929; State v. Fenley, 309 Mo.......
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The State v. Rosenheim, 24861
...designedly, knowingly, or that he knew when he made them that they were false and untrue. State v. Young, 266 Mo. 723; State v. Muir, 186 S.W. 1047. Because the indictment fails to allege that the officers and agents of the city who were induced to deliver and pay over, and did deliver and ......
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State v. Burton, 29557.
...in the penitentiary. The employment of the word "feloniously" is required to properly charge an offense of this character. State v. Muir, 186 S.W. 1047; State v. Siegel, 265 Mo. 239. The information must fully inform the defendant of the offense of which he stands charged. Sec. 22, Art. II,......
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State v. Pryor, 35954.
...State v. Feazell, 132 Mo. 176; State v. McGrath, 228 Mo. 413; State v. Dixon, 247 Mo. 668; State v. Siegel, 265 Mo. 239; State v. Muir, 186 S.W. 1047; State v. Bennett, 297 Mo. 190; State v. Whalen, 297 Mo. 241; Art. VII, Chap. 92, R.S. 1919; Sec. 4491, R.S. 1929; State v. Fenley, 309 Mo. 5......
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State v. Pryor, 35954
...State v. Feazell, 132 Mo. 176; State v. McGrath, 228 Mo. 413; State v. Dixon, 247 Mo. 668; State v. Siegel, 265 Mo. 239; State v. Muir, 186 S.W. 1047; State v. Bennett, 297 Mo. 190; State v. Whalen, 297 Mo. 241; Art. VII, Chap. 92, R. S. 1919; Sec. 4491, R. S. 1929; State v. Fenley, 309 Mo.......
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The State v. Rosenheim, 24861
...designedly, knowingly, or that he knew when he made them that they were false and untrue. State v. Young, 266 Mo. 723; State v. Muir, 186 S.W. 1047. Because the indictment fails to allege that the officers and agents of the city who were induced to deliver and pay over, and did deliver and ......
-
State v. Burton, 29557.
...in the penitentiary. The employment of the word "feloniously" is required to properly charge an offense of this character. State v. Muir, 186 S.W. 1047; State v. Siegel, 265 Mo. 239. The information must fully inform the defendant of the offense of which he stands charged. Sec. 22, Art. II,......
-
State v. Pryor, 35954.
...State v. Feazell, 132 Mo. 176; State v. McGrath, 228 Mo. 413; State v. Dixon, 247 Mo. 668; State v. Siegel, 265 Mo. 239; State v. Muir, 186 S.W. 1047; State v. Bennett, 297 Mo. 190; State v. Whalen, 297 Mo. 241; Art. VII, Chap. 92, R.S. 1919; Sec. 4491, R.S. 1929; State v. Fenley, 309 Mo. 5......