State v. Perry
Oregon Supreme Court
Prom Marion: Percy E. Kelly, Judge. Statement by Mr. Justice Eakin. Tbe defendant, Joe Perry, was indicted and convicted of furnishing intoxicating liquors to a convict sentenced to serve a term in tbe Oregon state penitentiary. It was conceded on tbe trial that David Snyder, tbe person to whom tbe liquor was supplied, bad been sentenced to tbe penitentiary, but at tbe time tbe liquor was furnished was out under parole and doing business for himself in tbe City of Salem.
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Prom Marion: Percy E. Kelly, Judge. Statement by Mr. Justice Eakin. Tbe defendant, Joe Perry, was indicted and convicted of furnishing intoxicating liquors to a convict sentenced to serve a term in tbe Oregon state penitentiary. It was conceded on tbe trial that David Snyder, tbe person to whom tbe liquor was supplied, bad been sentenced to tbe penitentiary, but at tbe time tbe liquor was furnished was out under parole and doing business for himself in tbe City of Salem. Tbe defendant offered to prove that be did not know that Snyder was a convict. This testimony was refused by tbe court, and…
1Opinion of the CourtJustice Eakin
1. The defendant claims that the court erred in refusing to allow him to prove that he did not know that the person to whom the liquor was furnished was a convict. We cannot agree with this contention. This court has held in many cases that in purely statutory crimes, unless there is incorporated into the legislative definition of the offense the element of knowledge on the part of the defendant, the intent with which the act was done is not an ingredient of the offense, and that lack of knowledge on the part of the defendant is not a defense: State v. Brown, 73 Or. 325 (144 Pac. 444), and…
2Cases cited3 opinions
- Clemmensen v. PetersonOregon Supreme Court · 1899
- State v. BrownOregon Supreme Court · 1914
- Spaulding Logging Co. v. Independence Imp. Co.Oregon Supreme Court · 1903
3Cited by11 opinions
- Leadbetter v. PriceOregon Supreme Court · 1921
- State Ex Rel. Pardee v. LatouretteOregon Supreme Court · 1942
- Peterson v. LewisOregon Supreme Court · 1915
- Administrator of Veterans' Affairs v. U. S. National BankOregon Supreme Court · 1951
- Green v. LeckingtonOregon Supreme Court · 1951
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