Legal Opinion

State v. Lawrence

Oregon Supreme Court

Decided January 6, 1891PublishedCited by 7 opinions

Multnomah, county: L. B. Stearns, Judge. Defendant appeals. The defendant was indicted for the crime of robbery and convicted of the crime of larceny from the person. The charging part of the indictment is as follows: “The said Abe Lawrence, on the 28th day of October, 1890, in the county of Multnomah and state of Oregon, did feloniously in and upon one Geo. Lebo make an assault, and him, the said Geo.

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Multnomah, county: L. B. Stearns, Judge. Defendant appeals. The defendant was indicted for the crime of robbery and convicted of the crime of larceny from the person. The charging part of the indictment is as follows: “The said Abe Lawrence, on the 28th day of October, 1890, in the county of Multnomah and state of Oregon, did feloniously in and upon one Geo. Lebo make an assault, and him, the said Geo. Lebo, did put in fear and in danger of his life and of great bodily harm, and one silver watch of the value of ten dollars did forcibly, violently and against his, the said Geo. Lebo’s, will,…

1Opinion of the CourtStrahan, C. J.

Section 1742, Hill’s Code, defines the crime for which the pleader attempted to indict the defendant. That section provides: “If any person not being armed with a dangerous weapon, shall by force and violence, or by assault, or by putting in fear of force and violence or assault, rob, steal or take from the person of another any money or other property which may be the subject of larceny, such person, upon conviction thereof, shall be punished by imprisonment in the penitentiary not less than one nor more than five years.” It will be observed that this indictment fails to charge that the…

2Cited by7 opinions

  1. State v. BroomOregon Supreme Court · 1931
  2. State v. CassonOregon Supreme Court · 1960
  3. State v. BaileyOregon Supreme Court · 1919
  4. State v. RobinsonOregon Supreme Court · 1915
  5. State v. ZimmerleeCourt of Appeals of Oregon · 1971

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