State v. Nesmith

The defendant asserts that the indictment does not state facts sufficient to constitute a crime.

It is a general rule that an indictment is sufficient when it alleges acts constituting the crime charged in the words of the statute defining it. This is essentially true when the statute contains all the elements of the offense: State v. Bailey, 115 Or. 428 (236 P. 1053). Under Oregon Code 1930, § 13-714, an indictment is sufficient when it can be understood therefrom—

“1. That it is entitled in a court having authority to receive it * * *;

“2. That it was found by a grand jury of the county in…