State v. Morris
Oregon Supreme Court
From Lake: Bernard Daly, Judge. In Banc. Statement by Mr. Justice Bean. Tommy Morris and Martin Anchoberry were jointly indicted for the crime of murder committed while engaged in the commission of larceny in a dwelling-house. Morris was separately tried and convicted and he appeals.
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From Lake: Bernard Daly, Judge. In Banc. Statement by Mr. Justice Bean. Tommy Morris and Martin Anchoberry were jointly indicted for the crime of murder committed while engaged in the commission of larceny in a dwelling-house. Morris was separately tried and convicted and he appeals. The indictment omitting the formal parts reads as follows: “The said Martin Anchoberry and Tommy Morris on the 9th day of January, A. D. 1915, in said county of Lake and State of Oregon, then and there being and acting together, were then and there unlawfully and feloniously engaged in the commission of the…
1Opinion of the CourtJustice Bean
1. The defendant Morris demurred to the indictment upon the ground that it did not comply with the requirements of Chapter 2, Title XVIII, L. O. L., and assigns the overruling of the demurrer as error. Counsel for defendant argue that the indictment does not directly aver the larceny, but merely alleges a conclusion. Section 1894, L. 0. L., provides that if any person shall, purposely and maliciously, but without deliberation and premeditation, or in the commission or attempt to commit any felony, other than rape, arson, robbery, or burglary, kill another, such person shall be deemed guilty…
2Cases cited41 opinions
- Kearney v. SnodgrassOregon Supreme Court · 1885
- State v. RobinsonSupreme Court of Missouri · 1893
- State v. AndersonOregon Supreme Court · 1882
- State v. BrownOregon Supreme Court · 1879
- State v. WintzingerodeOregon Supreme Court · 1881
36 more not listed; retrieve them via the Exa API.
3Cited by49 opinions
- State v. CarterUtah Supreme Court · 1989
- State v. WagnerOregon Supreme Court · 1988
- State v. BrewtonOregon Supreme Court · 1964
- State v. DavisOregon Supreme Court · 2011
- State v. FolkesOregon Supreme Court · 1944
44 more not listed; retrieve them via the Exa API.