State v. McElvain
Oregon Supreme Court
From Sherman: W. L. Bradshaw, Judge. M. E. McElvain is charged with the crime of forgery. The indictment alleges, among other things, that he “did unlawfully, willfully, and feloniously, with intent to defraud and injure, falsely make, forge, alter, and counterfeit,” etc.
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From Sherman: W. L. Bradshaw, Judge. M. E. McElvain is charged with the crime of forgery. The indictment alleges, among other things, that he “did unlawfully, willfully, and feloniously, with intent to defraud and injure, falsely make, forge, alter, and counterfeit,” etc. A demurrer was interposed, “because said indictment does not substantially conform to the requirements of Chapter VIII of the Code of Criminal Procedure ;” which being overruled, the cause went to trial, resulting in his conviction, and from the judgment which followed he appeals.
1Opinion of the CourtChief Justice Wolverton
Two grounds are here urged for the reversal of the judgment: (1) That the indictment does not show that it was indorsed “A true bill,” and signed by the foreman of the grand jury; and (2) that it fails to name the party whom it was intended to injure or defraud. Of these in their order.
1. The indictment was returned into court, March 13, 1896, and, upon the defendant being arraigned the following day, he was allowed until March 16 to plead. The demurrer was then interposed, and, after consideration, overruled. Thereupon the defendant entered a plea of ‘‘Not guilty,” and at the trial of the…
2Cases cited4 opinions
- People v. LawrenceCalifornia Supreme Court · 1863
- State v. SmithOregon Supreme Court · 1899
- State v. LurchOregon Supreme Court · 1885
- People v. JohnstonCalifornia Supreme Court · 1874
3Cited by6 opinions
- State v. WaltonOregon Supreme Court · 1909
- Gue v. City of EugeneOregon Supreme Court · 1909
- Brandon v. United StatesCourt of Appeals for the Ninth Circuit · 1951
- State v. BeldingOregon Supreme Court · 1903
- State v. GauthierOregon Supreme Court · 1925
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