State v. Dale
Oregon Supreme Court
Appeal from. Yambill County. The defendant ivas sheriff and tax collector of Yamhill county from July 1, 1876, to July 1,1878. He wasindicted by the grand jury of said county at the March term of the circuit court of said county for 1879, for larceny of public money.
Read the full summary
Appeal from. Yambill County. The defendant ivas sheriff and tax collector of Yamhill county from July 1, 1876, to July 1,1878. He wasindicted by the grand jury of said county at the March term of the circuit court of said county for 1879, for larceny of public money. The crime charged is described in the indictment as follows: “As such sheriff and tax collector of said Yamhill county, said H. C. Dale had received and had in his possession in said Yamhill county on the seventh day of August, A. D. 1878, the sum of three thousand dollars in gold and silver coin of the United States of America,…
1Opinion of the Court
By the Court,
Boise, J.:
The appellant claims that the indictment in this case does not charge a crime. There was no demurrer filed to the indictment in the circuit court, and the appellant has, in the argument, failed to point out any defect in the indictment except this: It is claimed that it charges the defendant with converting the money and also with having failed to pay it over. Either of these acts would be a crime, and as he is charged with larceny by converting the money and failing to pay it over, we think a charge in this conjunctive form is good; if these acts had been charged in…
2Cases cited2 opinions
- State v. CarrOregon Supreme Court · 1876
- Heatherly v. HadleyOregon Supreme Court · 1868
3Cited by21 opinions
- State v. LaundyOregon Supreme Court · 1922
- State v. ReinhartOregon Supreme Court · 1895
- State v. HumphreysOregon Supreme Court · 1902
- State v. WhiteOregon Supreme Court · 1906
- State v. GortmakerOregon Supreme Court · 1983
16 more not listed; retrieve them via the Exa API.