State v. O'Brien
State v. O'Brien
Opinion of the Court
— Prosecution under section 7261, Revised Statutes 1899, which makes it a felony for one to personate an elector, etc.
There was no evidence to support the charge that Thomas Leonard was an elector except his name was registered as of a certain number. The mere fact of such registration was, of course, insufficient to overcome the presumption of defendant’s innocence and thus convict him of a crime. Something more is necessary to convict of a crime besides a mere presumption that a registering officer has done his duty. The same question here presented was also presented in State v. Shelley, 166 Mo. 616; for like reason as there presented, the judgment will be reversed and the cause remanded.
Reference
- Full Case Name
- State v. O'BRIEN
- Status
- Published