(Download) "State Missouri v. Roy E. Hawkins" by Supreme Court of Missouri * eBook PDF Kindle ePub Free
eBook details
- Title: State Missouri v. Roy E. Hawkins
- Author : Supreme Court of Missouri
- Release Date : January 14, 1962
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
By an information filed in the Circuit Court of Henry County, defendant was charged with altering a check with intent to defraud
by increasing the numerals "$500.00", therein handwritten in ink as the amount payable, to "$5,000.00", contrary to the provisions
of § 561.011 RSMo 1959, V.A.M.S., (to which revision all statutory references herein are made). On application of
defendant for change of venue, the case was transferred to the Circuit Court of Bates County, where, upon trial, the jury
returned a verdict finding him guilty as charged and assessing his punishment at imprisonment in the state penitentiary for
a term of two years. His motion for new trial was overruled and he was thereupon sentenced to custody of the Department of
Corrections for the term designated by the verdict. He has appealed. Defendant's brief contains five points. Four of them are predicated upon his contention that the alteration here shown did
not constitute a crime. That contention, in substance, runs thus: inasmuch as the only alteration alleged and shown in the
evidence was the alteration of the handwritten numerals purporting to set forth the face amount of the check to conform with
the purported amount payable, as stamped in the body of the check by the drawer thereof with a check protector, to wit: "Exactly
$5000 & 00 Cts.", such alteration was immaterial. The remaining assignment is that, assuming the information alleged
and the evidence supported a finding of defendant's guilt, yet there was no evidence that the offense was committed in Henry
County, Missouri. That contention was specifically set forth in defendant's motion for an acquittal filed at the close of
the evidence and thereafter duly carried forward in his motion for new trial.
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