Legal Opinion

State v. Mishler

Oregon Supreme Court

Decided October 17, 1916PublishedCited by 6 opinions

From Marion: Percy R. Kelly, Judge. In Banc. Statement by Mr. Justice McBride. Tbe defendant, Adam J. Mishler, was indicted under Section 1962, L. O. L., for the crime of wrongful conversion of property by trustee.

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From Marion: Percy R. Kelly, Judge. In Banc. Statement by Mr. Justice McBride. Tbe defendant, Adam J. Mishler, was indicted under Section 1962, L. O. L., for the crime of wrongful conversion of property by trustee. Said section is as follows: “If any person, being the trustee of any property for the benefit of another, or for any public or charitable use, shall, with intent to defraud, by any means convert the same or any portion thereof to his. own use or benefit, or to the use and benefit of another not entitled thereto, such person, upon conviction thereof, shall be punished by…

1Opinion of the CourtJustice McBride

1. While the indictment is so meager in its statement of the acts constituting the offense that it comes very close to the line, we think it is sufficient. The offense is clearly a creature of the statute, and we have held that, as a general rule, it is sufficient in such cases to charge the facts constituting the offense in the language of the statute: State v. Carr, 6 Or. 133; State v. Ah Sam, 14 Or. 347 (13 Pac. 303); State v. Lee, 17 Or. 488 (21 Pac. 455); State v. Light, 17 Or. 358 (21 Pac. 132); State v. Shaw, 22 Or. 287 (29 Pac. 1028); State v. Carmody, 50 Or. 1 (91 Pac. 446, 1081, 12…

2Cases cited21 opinions

  1. State v. ShawOregon Supreme Court · 1892
  2. State v. ChapinOregon Supreme Court · 1914
  3. State v. CarrOregon Supreme Court · 1876
  4. State v. CarmodyOregon Supreme Court · 1907
  5. United States v. Van AukenSupreme Court of the United States · 1878

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3Cited by6 opinions

  1. State v. LaundyOregon Supreme Court · 1922
  2. State v. CookeOregon Supreme Court · 1929
  3. State v. GerritsonOregon Supreme Court · 1928
  4. State v. WilburOregon Supreme Court · 1917
  5. City of Astoria v. MaloneOregon Supreme Court · 1918

1 more not listed; retrieve them via the Exa API.

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