State v. Wright
Oregon Supreme Court
Appeal from Union county: Jas. A. Fee, judge. Tbe grand jury of Union county, Oregon, returned into eourt tbe following indictment, omitting tbe caption and introductory part: “Henry Wrigbt and James Allen are accused by tbe grand jury of tbe county of Union, and State of Oregon, by tbis indictment, of tbe crime of burglary, committed as follows: Tbe said Henry Wrigbt and James Allen, tben and there, acting together, on tbe twenty-eighth day of November, A.D., 1888, in tbe…
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Appeal from Union county: Jas. A. Fee, judge. Tbe grand jury of Union county, Oregon, returned into eourt tbe following indictment, omitting tbe caption and introductory part: “Henry Wrigbt and James Allen are accused by tbe grand jury of tbe county of Union, and State of Oregon, by tbis indictment, of tbe crime of burglary, committed as follows: Tbe said Henry Wrigbt and James Allen, tben and there, acting together, on tbe twenty-eighth day of November, A.D., 1888, in tbe county of Union and State of Oregon, unlawfully, feloneously and burglariously broke and entered a granary, tbe same…
1Opinion of the CourtSteahan, J.
The motion to arrest the judgment made by the appellants presents but one question and that is the sufficiency of the indictment. The point of objection is that in an indictment for the crime of burglary the ownership of the building broken must be alleged. To support this contention counsel for appellants cites these authorities: 1 Bishop’s Cr. Pr., §§ 137, 578, 586; Com. v. Perris, 108 Mass. 1, 3; State v. Brant, 14 Iowa, 180; Peels v. State, 5 Am. Cr. R. 96; Beall v. State, 53 Ala. 460; State v. Fockler, 22 Kan. 542; State v. Morrissey, 22 Iowa, 158; Wallace v. State, 63 Ill. 451; Jackson…
2Cases cited7 opinions
- Wallace v. PeopleIllinois Supreme Court · 1872
- Beall v. StateSupreme Court of Alabama · 1875
- State v. MorrisseySupreme Court of Iowa · 1867
- Jackson v. StateWisconsin Supreme Court · 1882
- Commonwealth v. PerrisMassachusetts Supreme Judicial Court · 1871
2 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State v. HosmerOregon Supreme Court · 1914
- State v. EddyOregon Supreme Court · 1905
- State v. BriggenOregon Supreme Court · 1924
- Stewart v. StateArizona Supreme Court · 1925
- State v. Foss & SpeersOregon Supreme Court · 1962
1 more not listed; retrieve them via the Exa API.