State v. Dodson
Oregon Supreme Court
Appeal from Union County. The indictment charged the defendant “with the crime of murder, committed as follows: The said George Dodson,, in the county aforesaid, on the 24th day of February, 1870, purposely and maliciously killed William Cochran by shooting him, the said William Cochran, with a pistol.”
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Appeal from Union County. The indictment charged the defendant “with the crime of murder, committed as follows: The said George Dodson,, in the county aforesaid, on the 24th day of February, 1870, purposely and maliciously killed William Cochran by shooting him, the said William Cochran, with a pistol.” The defendant demurred on the ground that the facts stated do not constitute a crime; particularly specifying that the words “ purposely and maliciously” state a conclusion and not facts; that the word “shooting” is not qualified by the words “purposely and maliciously,” and that the words…
1Opinion of the Court
By the Court,
Upton, J.:
The first point presented in this case is the sufficiency of the indictment. It literally conforms to the precedent published with the Code. Sec. 71 of the Criminal Code declares, in regard to “stating the acts constituting the crime,” that the manner “ as set forth in the appendix to this Code is sufficient.” It is urged that the appendix is no part of the statute, and had no existence prior to the passage of the *66statute; that this provision of § 71 should be disregarded ; that the shooting, or’ firing the pistol, being one of the facts necessary to constitute the…
2Cases cited2 opinions
- Jackson ex dem. Saunders v. CadwellNew York Supreme Court · 1824
- Morgan v. HuggCalifornia Supreme Court · 1855
3Cited by14 opinions
- State v. BrownOregon Supreme Court · 1879
- State v. BartmessOregon Supreme Court · 1898
- State v. WestonOregon Supreme Court · 1921
- State of Oregon v. HollandOregon Supreme Court · 1954
- State v. GuglielmoOregon Supreme Court · 1905
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