State v. Smallwood

CourtUnited States State Supreme Court of Missouri
Writing for the CourtNORTON
Citation68 Mo. 192
Decision Date31 October 1878
PartiesTHE STATE v. SMALLWOOD, Appellant.

68 Mo. 192

THE STATE
v.
SMALLWOOD, Appellant.

Supreme Court of Missouri.

October Term, 1878.


Appeal from Scotland Circuit Court.--HON. JOHN C. ANDERSON, Judge.

J. L. Smith, Attorney-General, for the State.


NORTON, J.

The defendant, Jesse Smallwood, and one Jacob Smallwood, were indicted in the Adair circuit court, at its February term, 1877, for obtaining property under false pretenses. At the instance of defendant the venue of the cause was changed to the Scotland circuit court, where, at the May term, 1877, thereof, he was put upon his trial,

[68 Mo. 193]

which resulted in his conviction, and the assessment of his punishment to two years imprisonment in the penitentiary. From this judgment he appeals, and seeks a reversal of the judgment because of an alleged insufficiency of the indictment.

The indictment charges that the defendant and Jacob Smallwood, on, &c., at, & c., unlawfully, willfully, knowingly, feloniously and designedly, did falsely pretend to one Hezekiah Moore that they, &c., had then and there purchased for themselves, and said Hezekiah Moore jointly, in equal interests, of one Marquis McDonald, a certain ten acres of land and coal bank thereon, for the sum of $1,200; that they, &c., had then and there paid to said Marquis McDonald for said ten acres of land and coal bank thereon, said sum of $1,200; that they, & c., had then and there paid to said Marquis McDonald, for their said interests in said ten acres of land and coal bank, $800 of said $1,200; and that they, & c., had then and there paid to said Marquis McDonald for his, said Hezekiah Moore's, interest in said ten acres of land and coal bank, $400 of said $1,200, and that said $1,200 was the least sum of money the said Marquis McDonald would then and there take for said ten acres of land and coal bank; and the said Jesse Smallwood and Jacob Smallwood then and there demanded of him, the said Hezekiah Moore, that he, the said, &c., as compensation and reimbursement to them, the said, &c., for said falsely pretended payment of said $400 to said Marquis McDonald for said Moore's interest in said ten acres of land and coal bank aforesaid, turn over and deliver to them, the said, &c., twenty-four head of cattle,...

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8 practice notes
  • Varble v. Whitecotton, No. 39648.
    • United States
    • Missouri Supreme Court
    • November 5, 1945
    ...(2d) 1176; Ex parte Corder, 226 Mo. App. 479, 44 S.W. (2d) 179; State v. Richetti, 342 Mo. 1015, 119 S.W. (2d) 330; State v. Smallwood, 68 Mo. 192; State v. Connell, 49 Mo. 282; State v. Shawley, 334 Mo. 352, 67 S.W. (2d) 74; Sec. 698, R.S. 1939; State v. Miller, 90 S.W. 767, 191 Mo. 587; S......
  • State v. Bayne
    • United States
    • United States State Supreme Court of Missouri
    • April 30, 1886
    ...to charge that the offence was committed with intent to cheat and defraud Brooker. State v. Scott, 48 Mo. 422; State v. Smallwood, 68 Mo. 192; Morton v. People, 47 Ill. 468. The testimony of the witness, Frost, for the state, as to similar acts of defendant, was competent for the purpose of......
  • State v. Mann
    • United States
    • United States State Supreme Court of Missouri
    • October 31, 1884
    ...into court by the grand jury. Besides objection to the constitution of the grand jury comes too late after verdict. State v. Smallwood, 68 Mo. 192. (6) There is nothing to show that the jury disobeyed the charge of the court or that any juror made up his mind before the case was finally sub......
  • State v. Randolph
    • United States
    • Missouri Court of Appeals
    • December 6, 1909
    ...question was not raised in the plea in abatement, and it cannot be raised after verdict. State v. Pate, 67 Mo. 488; State v. Smallwood, 68 Mo. 192; State v. Clifton, 73 Mo. 430; State v. Mann, 83 Mo. 589; State v. Griffin, 87 Mo. It is further contended that the record does not show that th......
  • Request a trial to view additional results
8 cases
  • Varble v. Whitecotton, No. 39648.
    • United States
    • Missouri Supreme Court
    • November 5, 1945
    ...(2d) 1176; Ex parte Corder, 226 Mo. App. 479, 44 S.W. (2d) 179; State v. Richetti, 342 Mo. 1015, 119 S.W. (2d) 330; State v. Smallwood, 68 Mo. 192; State v. Connell, 49 Mo. 282; State v. Shawley, 334 Mo. 352, 67 S.W. (2d) 74; Sec. 698, R.S. 1939; State v. Miller, 90 S.W. 767, 191 Mo. 587; S......
  • State v. Bayne
    • United States
    • United States State Supreme Court of Missouri
    • April 30, 1886
    ...to charge that the offence was committed with intent to cheat and defraud Brooker. State v. Scott, 48 Mo. 422; State v. Smallwood, 68 Mo. 192; Morton v. People, 47 Ill. 468. The testimony of the witness, Frost, for the state, as to similar acts of defendant, was competent for the purpose of......
  • State v. Mann
    • United States
    • United States State Supreme Court of Missouri
    • October 31, 1884
    ...into court by the grand jury. Besides objection to the constitution of the grand jury comes too late after verdict. State v. Smallwood, 68 Mo. 192. (6) There is nothing to show that the jury disobeyed the charge of the court or that any juror made up his mind before the case was finally sub......
  • State v. Randolph
    • United States
    • Missouri Court of Appeals
    • December 6, 1909
    ...question was not raised in the plea in abatement, and it cannot be raised after verdict. State v. Pate, 67 Mo. 488; State v. Smallwood, 68 Mo. 192; State v. Clifton, 73 Mo. 430; State v. Mann, 83 Mo. 589; State v. Griffin, 87 Mo. It is further contended that the record does not show that th......
  • Request a trial to view additional results

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