State v. Carr
Oregon Supreme Court
Appeal from Multnomah County. The respondent was indicted in the circuit court for Multnomah county, under the gambling act, for dealing, playing and carrying on, as proprietor, a game of faro.
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Appeal from Multnomah County. The respondent was indicted in the circuit court for Multnomah county, under the gambling act, for dealing, playing and carrying on, as proprietor, a game of faro. The charging part of the indictment is as follows: The said Alfred Carr, on the thirtieth day of October, a. d. 1876, in the county of Multnomah, and state of Oregon, and at divers times between that time and the finding of this indictment, in the county and state aforesaid, did willfully and unlawfully deal, play and carry on, as the proprietor thereof, a game of faro, a banking game, played with…
1Opinion of the Court
By the Court, Boise, J.:
In considering the questions presented by these demurrers we will dispose of them in their reverse order. •The Criminal Code provides (page 350, section 74) as follows: “The indictment must charge but one crime, and in one form only, except that when the crime may be committed by the use of different means, the indictment may allege the means in the alternative.” When the statute makes it a crime to do this or that, mentioning several things disjunctively, the indictment may, as a general rule, embrace the whole in a single count, but it must use the conjunctive…
2Cases cited2 opinions
- State v. MannOregon Supreme Court · 1867
- People v. BeattyCalifornia Supreme Court · 1860
3Cited by35 opinions
- State v. BootsOregon Supreme Court · 1989
- Price v. StateCourt of Criminal Appeals of Oklahoma · 1913
- State v. EvansOregon Supreme Court · 1920
- State v. PipkinOregon Supreme Court · 2013
- State v. HoledgerWashington Supreme Court · 1896
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