State of Oregon v. Smith

The grand jury for Washington County returned into court an indictment reciting that

“GEORGE HORACE EDWARD SMITH is accused by the Grand Jury of Washington County by this indictment of the .crime of NEGLIGENT HOMICIDE committed as follows: ’ ’

The defendant demurred to the indictment upon the ground that “said indictment does not state facts sufficient to constitute a crime of Negligent Homicide.” The trial court sustained the demurrer and the state appeals. The indictment alleged:

“That the said defendant, George Horace Edward Smith, on the 7th day of July, 1952, in the County' of Washington,…