State v. Chong Ben
Oregon Supreme Court
From Union: John W. Knowles, Judge. In Banc. The defendants were indicted and convicted of the crime of assault with intent to kill one Eng Chong, were sentenced by the court to serve an indeterminate sentence of from one to ten years in the penitentiary, and being dissatisfied with the judgment of the court, took this appeal.
Read the full summary
From Union: John W. Knowles, Judge. In Banc. The defendants were indicted and convicted of the crime of assault with intent to kill one Eng Chong, were sentenced by the court to serve an indeterminate sentence of from one to ten years in the penitentiary, and being dissatisfied with the judgment of the court, took this appeal. The alleged offense was committed, if at all, on February 16,1917. The indictment was returned on June 9, 1917, and final judgment was pronounced July 5, 1917. At the time the alleged offense was committed, Section 1592, L. O. L., as amended by Sesión 7 of Chap. 127,…
1Opinion of the Court
McBRIDE, C. J. —
1, 2. It is claimed by the appellants that the act' of 1917 repealed by implication Section 1586, L. O. L., supra, as amended by Chap. 127, Laws of 1911, and also Sections 1592 and 1724, L. 0. L., as amended by Chap. 127, Laws of 1911, but we are of *320the opinion that Section 14 last above quoted preserves the operation of the original sections as to offenses committed before the act of 1917 went into effect, except as to Section 1586, and as to this we are of the opinion that Section 17 of the act of 1917 is palpably void in so far as it attempts to limit the right to a parole.…
2Cases cited1 opinion
- State v. QuenOregon Supreme Court · 1906
3Cited by7 opinions
- State v. FoxIdaho Supreme Court · 1932
- DeYoung v. Board of Parole & Post-Prison SupervisionOregon Supreme Court · 2001
- Lawson v. HughesOregon Supreme Court · 1928
- Walker v. JacobsenCourt of Appeals of Oregon · 1982
- Daly v. BeeryNorth Dakota Supreme Court · 1920
2 more not listed; retrieve them via the Exa API.