State v. Mack
Oregon Supreme Court
Multnomah county: L. B. Stearns, Judge. Defendant appeals. The defendant was indicted by the grand jury of Multnomah county and convicted, from which judgment this appeal is taken. There is no bill of exceptions, and the only error relied upon for a reversal is the insufficiency of the indictment to sustain the judgment.
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Multnomah county: L. B. Stearns, Judge. Defendant appeals. The defendant was indicted by the grand jury of Multnomah county and convicted, from which judgment this appeal is taken. There is no bill of exceptions, and the only error relied upon for a reversal is the insufficiency of the indictment to sustain the judgment. The charging part of the indictment is as follows: “ The said John Mack, on the 3d day of November, 1890, in the county of Multnomah and state of Oregon, did unlawfully, feloniously and burglariously break and enter a dwelling-house, namely, the dwelling-house of one E. A.…
1Opinion of the Court
Strahan, O. J.
— This record presents hut a single question, and that is the sufficiency of the indictment. The pleader, by this indictment, attempted to charge the crime of burglary, defined and made punishable by section 1758, Hill’s Code. That section punishes any person who shall break and enter any dwelling-house in the night-time, in which there is at the time some human being, with intent to commit a crime therein; or, having entered with such intent, shall break any such dwelling-house in the nighttime, or be armed with a dangerous weapon therein, or assault any person lawfully…
2Cases cited3 opinions
- State v. JarvisOregon Supreme Court · 1890
- State v. BruceOregon Supreme Court · 1873
- State v. McGinnisOregon Supreme Court · 1889
3Cited by9 opinions
- State v. MartinOregon Supreme Court · 1909
- Reynolds v. Jackson CountyOregon Supreme Court · 1898
- State v. PrayNevada Supreme Court · 1947
- State v. RobinsonOregon Supreme Court · 1915
- Wix v. GladdenOregon Supreme Court · 1955
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