State v. Swank
Oregon Supreme Court
From Multnomah: Robert Tucker, Judge. Department 2. The defendant was indicted, tried, and convicted of forgery, and sentenced to the penitentiary.
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From Multnomah: Robert Tucker, Judge. Department 2. The defendant was indicted, tried, and convicted of forgery, and sentenced to the penitentiary. The indictment is entitled, “State of Oregon v. J. D. Swank, Defendant,” and is for violation of Section 1996, L. O. L., and charges: “The said J. D. Swank on the 13th day of January, A. D. 1919, in the County of Multnomah and State of Oregon then and there being, did then and there unlawfully, feloniously and falsely, with intent to injure and defraud, make, forge and counterfeit a certain promissory note for the payment of money, which said…
1Opinion of the CourtJohns, J.
1. It is objected that the indictment is entitled “State of Oregon,” instead of “The State of Oregon,” as Section 1438, Or. L., provides. In such a matter it is better and safer pleading to technically follow the statute, but here the objection *576is one of form and not of substance. To the average person there is no difference in the meaning of the words “The State of Oregon” and “State of Oregon.” Both expressions convey the same meaning. Section 1435, Or. L., enacts that:
“All the forms of pleading in criminal actions heretofore existing are abolished; and hereafter, the forms of pleading, and…
2Cases cited10 opinions
- State v. DoughertyOregon Supreme Court · 1871
- State v. BlodgettSupreme Court of Iowa · 1909
- State v. WheelerOregon Supreme Court · 1890
- State v. GuglielmoOregon Supreme Court · 1905
- State v. HudsonMontana Supreme Court · 1893
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Daugharty v. GladdenOregon Supreme Court · 1959
- State v. AtkinsonCourt of Appeals of Oregon · 1977
- State v. McMillanCourt of Appeals of Oregon · 2005
- Morrison v. StateAlaska Supreme Court · 1970
- State v. LeatonCourt of Appeals of Oregon · 1970
2 more not listed; retrieve them via the Exa API.