State v. Jarvis
Oregon Supreme Court
Appeal from the circuit court for Multnomah county. The defendant was convicted of the crime of incest under an indictment, the charging part of which is as follows: “ The said Frank Jarvis, on the first day of April, A. D. 1889, in the county of Multnomah, and State of Oregon, was the father of one Josephine Ross, and so being and knowing himself to be the father of the said Josephine Ross as aforesaid, and for that reason and on account of that relationship prohibited by…
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Appeal from the circuit court for Multnomah county. The defendant was convicted of the crime of incest under an indictment, the charging part of which is as follows: “ The said Frank Jarvis, on the first day of April, A. D. 1889, in the county of Multnomah, and State of Oregon, was the father of one Josephine Ross, and so being and knowing himself to be the father of the said Josephine Ross as aforesaid, and for that reason and on account of that relationship prohibited by law to intermarry with her, the said Josephine Ross, he, the said Frank Jarvis, did then and there unlawfully,…
1Opinion of the CourtStrahan, J.
The name given to the crime with which the pleader sought to charge the defendant in the indictment is rape, but it seems a mistake in this particular; is an irregularity and is not fatal. The charging part of the indictment must be looked to, to determine the character of the offense. People v. Cuddihi, 54 Cal. 53.
This indictment seems to embrace the main elements mentioned in three sections of the Criminal Code. Section 1733 defines the crime of rape as follows: “If any person shall carnally know any female child under the age of fourteen years, or shall forcibly ravish any woman of the age…
2Cases cited9 opinions
- People v. CloughCalifornia Supreme Court · 1887
- Marler v. StateSupreme Court of Alabama · 1880
- State v. RobertsOregon Supreme Court · 1887
- People v. ThompsonCalifornia Supreme Court · 1875
- State v. FitzhughOregon Supreme Court · 1867
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3Cited by35 opinions
- Van De Wiele v. GarbadeOregon Supreme Court · 1912
- Smitson v. Southern Pacific Co.Oregon Supreme Court · 1900
- State v. CarrOregon Supreme Court · 1895
- State v. SchwensenOregon Supreme Court · 1964
- State of Oregon v. WattsOregon Supreme Court · 1956
30 more not listed; retrieve them via the Exa API.