State v. Magone
Oregon Supreme Court
From Multnomah : Melvin C. George, Judge. The facts out of which the present controversy rises are in brief, as follows : The defendant was indicted May 25, 1897, for the crime of illegal disinterment.
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From Multnomah : Melvin C. George, Judge. The facts out of which the present controversy rises are in brief, as follows : The defendant was indicted May 25, 1897, for the crime of illegal disinterment. The indictment charges “ that the said Daniel Magone, on the eighteenth day of May, A. D. 1897, * * * did willfully, feloniously, and wrongfully dig up and disinter a human body, towit, the dead body of one W. S. Ladd, deceased, which said dead body * * * [the said Daniel Magone] did willfully, feloniously, and wrongfully take, remove and carry away.” Upon conviction thereof, in June, 1897, he…
1Opinion of the CourtChief Justice Wolverton
The only question presented by the appeal is whether the acquittal of defendant upon the charge or indictment for malicious destruction of personal property is a bar to the prosecution on the second trial, under the indictment for illegal disinterment. The injury to the coffin was accomplished by the defendant while in the act and during the course of the disinterment and removal of the body of the late W. S. Ladd, for which offense the defendant was indicted and convicted. While the judgment in the latter case was in force the defendant was put on his trial for the injury to the coffin. To…
2Cases cited16 opinions
- State v. ElderIndiana Supreme Court · 1879
- Wilson v. StateSupreme Court of Connecticut · 1855
- Teat v. StateMississippi Supreme Court · 1876
- Blair v. StateSupreme Court of Georgia · 1888
- State v. HoweOregon Supreme Court · 1895
11 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State v. BrownOregon Supreme Court · 1972
- State v. LaundyOregon Supreme Court · 1922
- State v. WeitzelOregon Supreme Court · 1937
- State v. ClarkOregon Supreme Court · 1905
- State v. CaddySouth Dakota Supreme Court · 1901
5 more not listed; retrieve them via the Exa API.