State v. Moyer
Oregon Supreme Court
From Malheur: Dalton Biggs, Judge. In Banc. Statement by Mr. Justice Eakin. The defendant, George F. Moyer, was indicted for the crime of setting fire to and burning a stable. The portion of the indictment important here is as follows: “The said Geo.
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From Malheur: Dalton Biggs, Judge. In Banc. Statement by Mr. Justice Eakin. The defendant, George F. Moyer, was indicted for the crime of setting fire to and burning a stable. The portion of the indictment important here is as follows: “The said Geo. F. Moyer, on the 21st day of March, 1914, * * did then and there wrongfully, unlawfully, feloniously, willfully and maliciously, in the nighttime, set fire to and burn a stable, to wit, the Jordan Valley Livery-stable. * * ” To this indictment the defendant demurred, for the reason that it did not state facts sufficient to constitute a crime. The…
1Opinion of the CourtJustice Eakin
1, 2. Section 1932, L. O. L., provides:
“If any person shall willfully and maliciously burn in the night-time any church, courthouse, * * or any * * mill, bam, stable, shop, or office of another, * * such person shall be deemed guilty of arson.”
Therefore, it was necessary to allege the owner of the bam as a part of the description of the offense. Its omission from the charge was fatal to a demurrer, and the amendment of the indictment is authorized only by the Constitution itself in this state, which provides that it may be amended as to matter of form merely. We have no statute authorizing…
2Cases cited3 opinions
- Welty v. WardIndiana Supreme Court · 1905
- State v. SpringerSupreme Court of Arkansas · 1884
- State v. TwiningSupreme Court of New Jersey · 1904
3Cited by32 opinions
- State v. WimberOregon Supreme Court · 1992
- United States v. FawcettCourt of Appeals for the Third Circuit · 1940
- State v. RussellOregon Supreme Court · 1962
- State v. LongSupreme Court of Missouri · 1929
- State v. WoodsonOregon Supreme Court · 1993
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