State v. Hinton
Oregon Supreme Court
From Grant: George E. Davis, Judge. Statement by Mr. Justice Slater. ' The defendant, Ben Hinton, was indicted at the November, 1908, term of the circuit court for Grant County, being charged with the larceny of a bill of exchange, in the form of an ordinary check upon a bank.
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From Grant: George E. Davis, Judge. Statement by Mr. Justice Slater. ' The defendant, Ben Hinton, was indicted at the November, 1908, term of the circuit court for Grant County, being charged with the larceny of a bill of exchange, in the form of an ordinary check upon a bank. The charging part of the indictment reads as follows: “That the said Ben Hinton on the 29th day of May, A. D. 1908, in the county of Grant, and State of Oregon, then and there being, did then and there wrongfully, unlawfully, and feloniously take, steal, and carry away a bill of exchange, commonly called a bank check,…
1Opinion of the CourtJustice Slater
1. The objections urged against the indictment are that *432it does not show (1) by whom the check was drawn; (2) that the drawer of the check had any funds in the First National Bank of Heppner; (3) that the check was a valid and subsisting bill of exchange, or had been issued and delivered to F. M. Rounds, or indorsed by Rounds so as to make it negotiable. A chose in action, as a bill of exchange or check, was not at common law the subject-matter of larceny, but has been made so in this State by the statute. Section 1798, B. & C. Comp. The methods permissible at common law for describing a…
2Cases cited9 opinions
- State v. AndersonOregon Supreme Court · 1882
- Whalen v. CommonwealthSupreme Court of Virginia · 1894
- Commonwealth v. BrettunMassachusetts Supreme Judicial Court · 1868
- Allen v. StateSupreme Court of Alabama · 1890
- People of the Territory v. McGrathUtah Supreme Court · 1888
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State v. CampbellAlaska Supreme Court · 1975
- State v. AlbertOregon Supreme Court · 1926
- Schave v. StateCourt of Criminal Appeals of Oklahoma · 1910
- State v. StilesOregon Supreme Court · 1916
- State v. TullockWashington Supreme Court · 1922
1 more not listed; retrieve them via the Exa API.