The State v. Helderle
| Decision Date | 14 May 1907 |
| Citation | 102 S.W. 558,203 Mo. 574 |
| Parties | THE STATE v. JOSEPH A. HELDERLE, Appellant |
| Court | Missouri Supreme Court |
Appeal from St. Louis City Circuit Court. -- Hon. Matt. G. Reynolds Judge.
Reversed and remanded.
S. S Bass, Anthony Hochdoerfer, T. J. Rowe, Thos. J. Rowe, Jr. and Henry Rowe for appellant.
The information is insufficient. It was error not to sustain defendant's motion to quash or his motion in arrest of judgment. State v. Keating, 202 Mo. 197; State v. Sekrit, 130 Mo. 401; State v. Kreuger, 134 Mo. 262; State v. Hardelein, 169 Mo. 579; State v. Burke, 151 Mo. 142; State v. Miller, 132 Mo. 297; United States v. Hess, 124 U.S. 483; McCrary on Elections, sec. 594; Laws 1903, sec. 32, p. 186; sec. 2120k, p. 159.
Herbert S. Hadley, Attorney-General, and N. T. Gentry, Assistant Attorney-General, for the State.
It is conceded that the information is insufficient.
This cause is now before this court upon appeal from a judgment of the circuit court of the city of St. Louis convicting the defendant of voting more than once at different election precincts in the city of St. Louis in violation of section 2114, Revised Statutes of Missouri, 1899. As the main contention upon this appeal consists of a challenge to the sufficiency of the information, we here, omitting formal parts, reproduce it. It is as follows:
"Comes now Arthur N. Sager, circuit attorney, within and for the city of St. Louis (said city comprising the Eighth Judicial Circuit of the State of Missouri), and now here in court, on his official oath, and on behalf of the State of Missouri information makes, that on the fourth day of April, one thousand nine hundred and five, at the city of St. Louis aforesaid, and in each ward and election precinct of the said city of St. Louis, a municipal election was had and held pursuant to the Constitution and the laws of the State of Missouri, and the Scheme and Charter of the said city of St. Louis thereunder enacted, for the choice and election of certain municipal officers of the said city, to-wit: Mayor, Comptroller, Auditor, Treasurer, Register, Collector, Inspector of Weights and Measures, Marshal, President of the Board of Assessors, President of the Board of Public Improvements, President of the Council, Members of the City Council, Members of the Board of Education, and Members of the House of Delegates from the several and respective wards of the said city; and that then and there, at the said city of St. Louis, and at the polling places of the Fifth Election Precinct of the Eighth Ward of the said city, at the southwest corner of Broadway and Ann avenue, on the said fourth day of April, in the year one thousand nine hundred and five (the same being the first Tuesday in April of said year), at the municipal election aforesaid, and before the duly appointed and qualified judges and clerks of election within and for the said election precinct, one Joseph A. Helderle did appear and did then and there, before the judges and clerks of election aforesaid, apply for and receive a ballot, and did then and there cast said ballot and vote at said election; and that the said Joseph A. Helderle afterwards, to-wit, on the same day and at the same election, did appear at the polling place of the second precinct of the Eighth Ward of said city at No. 417 Lami street, and that he, the said Joseph A. Helderle, did then and there, before the duly appointed and qualified judges and clerks of election of the said Fifth Precinct of the said Eighth Ward, knowingly, wilfully, fraudulently and feloniously apply for and receive a ballot, and did then and there knowingly, wilfully, fraudulently and feloniously cast said ballot and vote at said election; and, so the said Arthur N. Sager, circuit attorney as aforesaid, upon his oath aforesaid, does say, that the said Joseph A. Helderle, on the said fourth day of April, in the year one thousand nine hundred and five, in the city of St. Louis aforesaid, knowingly, wilfully, fraudulently and feloniously, did vote in more than one election precinct, at the election aforesaid, so held as aforesaid, for the election of municipal officers aforesaid, contrary to the form...
To continue reading
Request your trial