Legal Opinion

State v. Stephanus

Oregon Supreme Court

Decided January 18, 1909PublishedCited by 12 opinions

From Union: John W. Knowles, Judge. Statement by Mr. Commissioner King. The defendants were tried under an indictment charging them with riot, but convicted of an “unlawful assembly,” the indictment, omitting formal parts, being as follows: “The said George Kolias, Nick Stephanus, Nick Baggies, and Harry Barias on the 9th day of October, 1908, in the county of Union and State of Oregon, did then and there, and acting together, unlawfully, feloniously, and riotously assemble…

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1Opinion of the Court

Opinion by

Mr. Commissioner King.

1. The points presented for determination are: (1) Is the verdict sufficient to sustain a judgment of conviction of riot under Sections 1913 and 1914 of the Code (B. & C. Comp.) ? (1) If not sufficient for that purpose, does the verdict acquit defendants of the charge contained in the indictment? Section 1913 of the Code (B. & C. Comp.) is as follows:

“Any use of force or violence, or any threat to use force or violence, if accompanied by immediate power of execution, by three or more persons acting together, and without authority of law, is riot. Whenever three…

2Cases cited9 opinions

State v. SteevesOregon Supreme Court · 1896
Ex parte TiceOregon Supreme Court · 1897
State v. AyersOregon Supreme Court · 1907
State v. WaltonOregon Supreme Court · 1907
State v. GauntOregon Supreme Court · 1885

4 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

State v. NussbaumOregon Supreme Court · 1971
State v. SmithOregon Supreme Court · 1910
State v. AusplundOregon Supreme Court · 1917
Kimball v. Territory of ArizonaArizona Supreme Court · 1911
State v. SetsorOregon Supreme Court · 1911

7 more not listed; retrieve them via the Exa API.