State v. Farnam
Oregon Supreme Court
From Douglas: George F. Skipworth, Judge. In Banc. Statement by Me. Justice McBride. The defendant, Boy A. Farnam, was indicted for murder in the second degree, the charging part of the indictment being as follows: “He, the said Boy A. Farnam, on the eighth day of December, A. D. 1914, in' the said county of Douglas, State of Oregon, then and there being, did then and there wrongfully, unlawfully, feloniously, purposely and maliciously kill Edna Morgan in some manner and by…
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From Douglas: George F. Skipworth, Judge. In Banc. Statement by Me. Justice McBride. The defendant, Boy A. Farnam, was indicted for murder in the second degree, the charging part of the indictment being as follows: “He, the said Boy A. Farnam, on the eighth day of December, A. D. 1914, in' the said county of Douglas, State of Oregon, then and there being, did then and there wrongfully, unlawfully, feloniously, purposely and maliciously kill Edna Morgan in some manner and by some means unknown to the grand jury; and so he, the aforesaid Boy A. Farnam, did then and there in said county and…
1Opinion of the CourtJustice McBride
1-4. For the reasons stated in the opinion of Mr. Justice Harris, we are satisfied that the defendant was guilty of an unlawful homicide, and that he either shot deceased, which would be deliberate murder, or killed her in the attempt to commit an unlawful abortion upon her, which, under our statute, would be manslaughter. The general rule in this state is that an indictment for murder in the first degree necessarily involves all other grades of homicide which the evidence tends to establish: State v. Ellsworth, 30 Or. 145 (47 Pac. 199); State v. Magers, 35 Or. 520 (57 Pac. 197); State v.…
2Cases cited62 opinions
- Mutual Life Insurance v. HillmonSupreme Court of the United States · 1892
- Commonwealth v. TrefethenMassachusetts Supreme Judicial Court · 1892
- State v. SmithSupreme Court of Connecticut · 1881
- State v. MortensenUtah Supreme Court · 1903
- Harris v. StateSupreme Court of Alabama · 1892
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3Cited by50 opinions
- State v. VestalSupreme Court of North Carolina · 1971
- United States v. Salvatore AnnunziatoCourt of Appeals for the Second Circuit · 1961
- State Highway Commission v. DealOregon Supreme Court · 1951
- Clark v. United StatesDistrict of Columbia Court of Appeals · 1980
- State v. PerelliSupreme Court of Connecticut · 1939
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