State v. Minnick
Oregon Supreme Court
Statement by Mr. Justice McBride. The defendant, John Minnick, was indicted, tried, and convicted in the circuit court of Union County upon an indictment charging him with the larceny of two heifers. He was sentenced to one year in the penitentiary, and, being dissatisfied, appeals.
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Statement by Mr. Justice McBride. The defendant, John Minnick, was indicted, tried, and convicted in the circuit court of Union County upon an indictment charging him with the larceny of two heifers. He was sentenced to one year in the penitentiary, and, being dissatisfied, appeals. Those portions of the indictment material to this opinion are as follows: “John Minnick is accused by the grand jury of the county of Union and State of Oregon by this indictment of the crime of larcency of two heifers, committed as follows: The said John Minnick, op the 25th day of March, 1908, in the county of…
1Opinion of the CourtJustice McBride
1. The first objection urged by appellant is that the indictment does not state facts sufficient to constitute a crime. There was no demurrer or motion to set aside the indictment, and if, taking the indictment as a whole, the essential elements constituting the offense of larceny can be found in it, the objection must be overruled.
*912. It is substantially charged that the defendant took, carried, stole, led, and drove away two heifers, contrary to the statutes. The word “feloniously” is not used in connection with taking; but, if larceny is otherwise described, the omission of that word can…
2Cases cited3 opinions
- State v. HunsakerOregon Supreme Court · 1888
- People v. SotoCalifornia Supreme Court · 1874
- People v. LopezCalifornia Supreme Court · 1891
3Cited by28 opinions
- State v. SmithOregon Supreme Court · 1948
- State v. EvansOregon Supreme Court · 1920
- Smallman v. GladdenOregon Supreme Court · 1955
- State v. FischerOregon Supreme Court · 1962
- State v. BrinkleyOregon Supreme Court · 1909
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