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.
Notes of Decisions
Cited in
5
cases, 1951–1972 · leading case:
State v. Harris, 313 S.W.2d 664 (Mo. 1958).
State v. Harris, 313 S.W.2d 664 (Mo. 1958).
· cites it 2× “343, 345 ; and § 545.170 RSMo 1949, V.A.M.S. The state concedes that the amendment had the effect of adding to the offense the element of intent to defraud, and that such intent must be alleged in order for the indictment to charge the offense sufficiently, but contends that the…”
State v. Price, 238 S.W.2d 397 (Mo. 1951).
· cites it 2× “the act with such intent, without alleging the intent of the defendant to be to [401] injure, cheat and *1041 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…”
State v. Hickman, 411 S.W.2d 195 (Mo. 1967).
“That contention might be meritorious if it were not for § 545.170, which provides that “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…”
State v. Meller, 471 S.W.2d 184 (Mo. 1971).
· cites it 2× “2d 195, 197 [4], as well as that portion of Section 545.170 which provides: “* * * it shall not be necessary to prove an intent on the part of the defendant to injure, cheat or defraud any particular person * * *.”
State v. Bywaters, 476 S.W.2d 588 (Mo. 1972).
· cites it 2× “’ ” The court further quoted from what is now § 545.170, *590 RSMo 1969, V.A.M.S., ‘“* * * [I]t 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…”
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