State v. Wintzingerode
Oregon Supreme Court
Appeal from Washington. On the 8th day of January, 1880, Jacob Swanger was killed in Washington county, Oregon, and on the 25th day of May ensuing, Henry Wintzingerode, the appellant, was indicted by the grand jury of said county for the crime of murder, for causing the death of said Jacob Swanger.
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Appeal from Washington. On the 8th day of January, 1880, Jacob Swanger was killed in Washington county, Oregon, and on the 25th day of May ensuing, Henry Wintzingerode, the appellant, was indicted by the grand jury of said county for the crime of murder, for causing the death of said Jacob Swanger. The body of the indictment is as follows : “ Henry Wintzingerode is accused by the grand jury of the county of Washington, by this indictment, of the crime of murder, committed as follows: The said Henry Wintzingerode, on the 8th day of January, A. D. 1880, in the county of Washington, in the state…
1Opinion of the Court
By the Court,
Watson, J.:
The first question to be considered is in regard to the sufficiency of the indictment. It was raised by the appellant in the court below by demurrer and motion. That court overruled the demurrer and motion, and these rulings are assigned as error.
In the caption or introductory part of the indictment, the crime whereof the appellant was accused was murder — the degree not being stated. But the succeeding portion charges the commission of acts by appellant which, under our statute, constitute murder in the first degree. (Sec. 506, Orim. Code.)
The indictment is in the…
2Cases cited7 opinions
- State v. StaleySupreme Court of Minnesota · 1869
- Jackson v. BradtNew York Supreme Court · 1804
- State v. JonesSupreme Court of Missouri · 1874
- State v. EnoSupreme Court of Minnesota · 1863
- Commonwealth v. CurtisMassachusetts Supreme Judicial Court · 1867
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3Cited by55 opinions
- State v. NeelyOregon Supreme Court · 1965
- State v. ClassenOregon Supreme Court · 1979
- State v. McDanielOregon Supreme Court · 1901
- State v. RoseOregon Supreme Court · 1991
- State v. MendacinoOregon Supreme Court · 1979
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