State v. Siegel, No. 18700.
| Court | United States State Supreme Court of Missouri |
| Writing for the Court | Walker |
| Citation | 177 S.W. 353,265 Mo. 239 |
| Parties | STATE v. SIEGEL. |
| Docket Number | No. 18700. |
| Decision Date | 25 May 1915 |
v.
SIEGEL.
Appeal from Criminal Court, Jackson County; Ralph S. Latshaw, Judge.
Joseph Siegel, alias James Foley, was convicted of crime, and he appeals. Reversed and remanded.
Numa F. Heitman, of Kansas City (henry J. Aaron, of Chicago, Ill., of counsel), for appellant. John T. Barker, Atty. Gen. (James P. Gilmore, of Tulsa, Okl., of counsel), for the State.
WALKER, J.
Appellant was charged in an information filed by the prosecuting attorney of Jackson county with voting more than once at an election held in Kansas City to determine the question of a proposed extension of a railway franchise. Upon being arraigned he entered a plea of guilty, and was sentenced to two years imprisonment in the penitentiary. Challenging the sufficiency of the information, he appeals to this court.
The information charges substantially as follows:
"That on the 7th day of July, 1914, a special municipal election was held, under the Constitution and laws of the state of Missouri, in and for the county of Jackson and city of Kansas City, in the several voting precincts of said city, for the purpose of voting upon a street railway franchise, and that the said Joseph Siegel, alias James Foley, being an elector qualified to vote at said election in the second precinct of the First ward voting precinct, did then and there appear at said voting precinct and vote and give his ticket to the judges of said election and cause his name and vote to be entered by the clerks of said election on the poll books, and his ticket to be properly numbered and deposited in the ballot box, and that the said Joseph Siegel, alias James Foley, afterwards, to wit, on the said day and at the same election, did appear at the place of holding said election in the fourth precinct First ward voting precinct in said city, and did then and there unlawfully and intentionally, and by and under the name of James Foley, vote and give in his vote and ballot to the judges of said election at said last-mentioned voting precinct, and cause his name to be recorded as James Foley, and his vote to be entered on the poll books by the clerks of said election, and his said ticket to be properly numbered and deposited in the ballot box, and so the said Joseph Siegel, alias James Foley, did unlawfully, willfully, knowingly, and fraudulently at the election aforesaid on the day aforesaid vote more than once—against the peace and dignity of the state."
The right of the appellant to ask this court to review the record to determine the sufficiency of the information under which lie entered a plea of guilty is too well established to admit of controversy, and we therefore leave the matter with the citation of the authorities sustaining this right. State v. Henschel, 250 Mo. loc. cit. 269, 157 S. W. 311; State v. Kelley, 206 Mo. loc. cit. 693, 105 S. W,. 606, 12 Ann. Cas. 681; State v....
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State v. Pryor, No. 35954.
...v. Deffenbacher, 51 Mo. 26; 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......
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State v. Burton, No. 29557.
...and fails to charge that the act was "feloniously" committed. Sec. 21, Laws 1923, p. 243; State v. Bennett, 248 S.W. 924; State v. Siegel, 265 Mo. 239. The statute upon which the information is based describes an offense for which the defendant, upon conviction, may be punished by imprisonm......
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State v. Smith, No. 21942.
...State v. Woodson, 248 Mo. loc. cit. 707, 154 S. W. 705; State v. Underwood, 254 Mo. loc. cit. 470, 471, 162 S. W. 184; State v. Siegel, 265 Mo. 239, 177 S. W. loc. cit. The verdict of the jury, as it appears printed in the transcript on file herein, reads as follows: "State of Missouri, Pla......
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State v. Eslinger, No. 42143
...or fraudulently done as knowingly casting more than one ballot or making a false count and return in an election. State v. Siegel, 265 Mo. 239, 177 S.W. 353; State v. McGrath, 228 Mo. 413, 128 S.W. 966. In the Liquor Control Act the offense of selling intoxicating liquor without a license i......
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State v. Pryor, No. 35954.
...v. Deffenbacher, 51 Mo. 26; 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......
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State v. Burton, No. 29557.
...to charge that the act was "feloniously" committed. Sec. 21, Laws 1923, p. 243; State v. Bennett, 248 S.W. 924; State v. Siegel, 265 Mo. 239. The statute upon which the information is based describes an offense for which the defendant, upon conviction, may be punished by imprisonm......
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State v. Smith, No. 21942.
...State v. Woodson, 248 Mo. loc. cit. 707, 154 S. W. 705; State v. Underwood, 254 Mo. loc. cit. 470, 471, 162 S. W. 184; State v. Siegel, 265 Mo. 239, 177 S. W. loc. cit. The verdict of the jury, as it appears printed in the transcript on file herein, reads as follows: "State of Missouri......
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State v. Eslinger, No. 42143
...or fraudulently done as knowingly casting more than one ballot or making a false count and return in an election. State v. Siegel, 265 Mo. 239, 177 S.W. 353; State v. McGrath, 228 Mo. 413, 128 S.W. 966. In the Liquor Control Act the offense of selling intoxicating liquor without a license i......