Territory of Oregon v. Coleman
Oregon Supreme Court
Reserved from Lane. The indictment in this case was found under the act of the Legislative Assembly, passed January 23d, 1854, entitled “An act to prevent the sale of ardent spirits to Indians.”
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Reserved from Lane. The indictment in this case was found under the act of the Legislative Assembly, passed January 23d, 1854, entitled “An act to prevent the sale of ardent spirits to Indians.” Defendant denies the validity of this law, on the ground that the act of Congress, passed June 30th, 1834, entitled “An act to regulate trade and intercourse with the Indians,” is applicable to and in force in this territory; and that the sale of liquor to Indians is prohibited by that act.
1Opinion of the CourtWilliams, C. J.
No power, it is argued, existed in the Territorial Assembly to enact a law of this kind, as Congress had legislated upon the subject; and if the defendant is convicted and punished under the territorial law, he may also be convicted and punished for the same act under the law of Congress, and thus be twice punished for the same offence. This express question has been decided by the Supreme Court of the United States. Justice Grier, in the case of Moore v. The State of Illinois, Howards R. vol. 14, page 13, says, *192“An offence, in its legal signification, means the transgression 1 of a law. A…
2Cases cited2 opinions
- Fox v. OhioSupreme Court of the United States · 1847
- United States v. MarigoldSupreme Court of the United States · 1850
3Cited by11 opinions
- Palmore v. United StatesSupreme Court of the United States · 1973
- Rice v. RehnerSupreme Court of the United States · 1983
- State v. SmithOregon Supreme Court · 1921
- United States v. FarwellDistrict Court, D. Alaska · 1948
- State v. FrasierOregon Supreme Court · 1919
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