Legal Opinion

State v. Brown

Oregon Supreme Court

Decided January 15, 1879PublishedCited by 57 opinions

Read the full summary

Appeal from Multnomah county. The facts are stated in the opinion of the court. To constitute murder in the first degree in this state it is necessary that the killing be purposely done. (Fonts v. State, 8 Ohio St. 98; Bobbins v. State, Id. 131,173,175, 190.; Kain v. State, Id. 307; Hagan v. State, 10 Id. 459; Id. 599; Johnson v. Gom., 24 Pa. St 387.) The court charges the jury that where the killing occurs in the perpetration of rape, arson, robbery or burglary, a purpose to kill need not be alleged or proved. Is such a charge consonant with the statute or consistent with reason or common…

1Opinion of the Court

By the Court,

Kelly, C. J.:

The facts of this case, as they appear in the bill of exceptions, are substantially as follows: On the twenty-third day of August, 1878, in the city of Portland, the defendant Brown, in company with the co-defendants, Johnson and Swoards, entered the pawnshop of Walter O’Shea, locked the door behind them, knocked O’Shea senseless, and took from his safe, near where O’Shea was assaulted, the articles named in the indictment. These were put into a valise, and with the property in their possession the defendants broke out the back windows of the pawnshop and made their…

2Cases cited2 opinions

State v. DodsonOregon Supreme Court · 1870
Shattuck v. SmithOregon Supreme Court · 1873

3Cited by57 opinions

People v. GillisMichigan Supreme Court · 2006
State v. FouquetteNevada Supreme Court · 1950
People v. BossCalifornia Supreme Court · 1930
Commonwealth v. DorisSupreme Court of Pennsylvania · 1926
State v. RoseOregon Supreme Court · 1991

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