Legal Opinion

State v. Samter

Court of Appeals of Oregon

Decided January 7, 1971No. 98202 and 98205; 98203 and 98204PublishedCited by 35 opinions

1Opinion of the Court

HOLMAN, J. (Pro Tempore.)

Each defendant was charged with two separate violations of OBS 163.650 whieh provides:

“Any person, not being a parent of the child, who knowingly and wilfully cruelly mistreats and maltreats a child under the age of 16 years, shall be punished * * (Emphasis ours.)

Each indictment contained three identical counts of cruel mistreatment and maltreatment. They were:

Bequiring a child to stand naked at night in near freezing temperatures while being sprayed with water from a garden hose;

Beating him with a wooden paddle while naked;

Bequiring him to smoke and swallow tobacco…

2Cases cited4 opinions

  1. Giaccio v. PennsylvaniaSupreme Court of the United States · 1965
  2. State v. HodgesOregon Supreme Court · 1969
  3. State of Oregon v. WojahnOregon Supreme Court · 1955
  4. Coon v. CuppCourt of Appeals of Oregon · 1970

3Cited by35 opinions

  1. State v. BrownSupreme Court of Missouri · 1983
  2. Bowers v. StateCourt of Appeals of Maryland · 1978
  3. State v. KilloryWisconsin Supreme Court · 1976
  4. People v. AlboSupreme Court of Colorado · 1978
  5. City of Portland v. WhiteCourt of Appeals of Oregon · 1972

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