State v. Clancey
State v. Clancey
Opinion of the Court
On September 2, 1908, the grand jury of the city of St. Louis returned an indictment charging appellant with fraudulent registration in that he did on September 14,1908, register under the name, to-wit, that of John Eoss.
On September 28, 1908, defendant was arraigned and, on his refusing to plead, a plea of not guilty was ordered entered for him. On October 7, 1908, a jury was impaneled and sworn and the case was tried, the jury finding defendant guilty and fixing his punishment at five years in the penitentiary. Timely motions for new trial and in arrest of judgment were filed and overruled and' defendant was sentenced on the verdict. After proper extensions of time therefor defendant filed his bill of exceptions January 13, 1909.
The State’s evidence tended to show that on September 14th, 15th, 16th and 17th, 1908, a general registration of voters was held in each election precinct
It was also shown that on September 14, 1908, defendant lived at 1805 Morgan street, and did not live at 2100 Olive street. Defendant offered no evidence.
I. As the indictment with the exception of the name of the defendant is practically a rescript of the indictments approved in State v. Cummings, 206 Mo. l. c. 616, 623, and State v. Tiernan, 223 Mo. 142, it is deemed unnecessary to reproduce it in this opinion, besides the indictment is not challenged by counsel for the defendant.
As already said there is no error in the record proper as to arraignment, the impaneling of the jury, the verdict or the sentence of the court. All these are
II. It is also insisted that there was no evidence that the alleged acts of the defendant were committed in any election precinct. This point also was made in Thavanot’s case, and the testimony was held amply sufficient to establish that the offense was committed in the 10th precinct of the 15th ward of the city of St. Louis. In fact the evidence in this ease is more satisfactory than it was in Thavanot’s case and this point must be ruled adversely to the defendant.
III. Defendant complains that the State was permitted over his objection to introduce evidence tending to show that he had registered in another precinct under the name of Patrick Clancey. An examination of the record will show that all that was done in this respect was the identification of the registration books of precinct seven in the fifteenth ward while the witness Ellsperman was on the stand. The circuit attorney stated that he simply wished to identify the book and would introduce it later on and the matter really stopped with that showing, but we think it would have been perfectly competent to have shown that this defendant, who was charged with having registered under the name of John Ross in the tenth precinct, had actually registered in the seventh precinct
IV. The only remaining complaint is the misconduct of the circuit attorney in having the defendant, after his arrest, brought to him at his office. This complaint is not made in the motion for new trial and of course it is not before us for review. Moreover, this court has expressed itself on this head in State v. Thavanot.
Upon the whole record we find no reversible error and the evidence is sufficient to support the indictment and the instructions of the court are such as were fully approved in State v. Cummings, 206 Mo. 618. The judgment is affirmed.
Reference
- Full Case Name
- State v. PATRICK CLANCEY
- Status
- Published