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Title XXXVII CRIMINAL PROCEDURE

Chapter 545

previous next Effective - 28 Aug 1939bottom

  545.170.  Intent to injure or defraud, how charged. — It shall be sufficient in any indictment for any offense where an intent to injure, cheat or defraud shall be necessary to constitute the offense, to allege that the defendant did the act with such intent, without alleging the intent of the defendant to be to injure, cheat or defraud any particular person; and on the trial of such offense, it shall not be necessary to prove an intent on the part of the defendant to injure, cheat or defraud any particular person, but it shall be sufficient to prove that the defendant did the act charged with an intent to injure, cheat or defraud.

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(RSMo 1939 § 4862)

Prior revisions: 1929 § 4469; 1919 § 3710; 1909 § 4921

(1972) Although information charged that defendant tendered a no account check willfully, unlawfully and feloniously with intent to cheat and defraud a specific person, court held that it was sufficient to prove that defendant did the act charged with an intent to injure, cheat or defraud, and that such did not deny defendant due process of law. State v. Bywaters (Mo.), 476 S.W.2d 588.


---- end of effective   28 Aug 1939 ----

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