State v. Lynch
Oregon Supreme Court
Multnomah county: L. B. Stearns, Judge. Defendant appeals. The charging part of the indictment is as follows: “The said Tony Lynch, on the 20th day of October, 1890, in the county of Multnomah and state of Oregon, was armed with a dangerous weapon, namely, a pistol loaded with gunpowder and leaden balls, and being so armed with such dangerous weapon aforesaid, did then and there unlawfully and feloniously assault one James Brown with such dangerous weapon, by then and there…
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Multnomah county: L. B. Stearns, Judge. Defendant appeals. The charging part of the indictment is as follows: “The said Tony Lynch, on the 20th day of October, 1890, in the county of Multnomah and state of Oregon, was armed with a dangerous weapon, namely, a pistol loaded with gunpowder and leaden balls, and being so armed with such dangerous weapon aforesaid, did then and there unlawfully and feloniously assault one James Brown with such dangerous weapon, by then and there shooting at him, the said James Brown, with said loaded pistol, with intent him, the said James Brown, to then and there…
1Opinion of the CourtStrahan, C. J.
— There was but one question presented upon the argument that we deem necessary to notice, and that is the sufficiency of the indictment. The appellant’s contention is that the indictment is fatally defective for the reason that it fails to charge that the assault was made maliciously or of deliberate and premeditated malice, and this is the only question necessary to be decided. The indictment is founded on section 1740, Hill’s Code, which is as follows: “If any person shall assault another with intent to kill, to rob or to commit a rape upon such other,” etc. The indictment charges that the…
2Cases cited3 opinions
- People v. CongletonCalifornia Supreme Court · 1872
- People v. SwensonCalifornia Supreme Court · 1874
- State v. DotyOregon Supreme Court · 1875
3Cited by7 opinions
- State v. CollisOregon Supreme Court · 1966
- James Forrester & Co. v. Kearney National BankNebraska Supreme Court · 1896
- Felker v. StateSupreme Court of Arkansas · 1891
- Longfellow v. BarnardNebraska Supreme Court · 1899
- State v. KellyOregon Supreme Court · 1902
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