State v. Brown
Oregon Supreme Court
From Jackson: Frank M. Calkins, Judge. Statement by Mr. Justice Burnett. The defendant, E. G. Brown, was indicted for selling intoxicating liquor to a minor.
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From Jackson: Frank M. Calkins, Judge. Statement by Mr. Justice Burnett. The defendant, E. G. Brown, was indicted for selling intoxicating liquor to a minor. In order to settle the question involved by demurrer to the indictment, that instrument was amended by stipulation, so that the charging part reads thus; the amendment being the part in parentheses: “The said E. G. Brown, on the 19th day of March, 1913, in the said county of Jackson and State of Oregon, then and there being, did then and there unlawfully sell to Harvey Ling intoxicating liquor, to wit, lager-beer, said Harvey Ling then…
1Opinion of the CourtJustice Burnett
1, 2. It is not directly so stated, but we assume in favor of the defendant, as the parties evidently intended that he was conducting a place where intoxicating liquors were sold under a regular license, and employed a bartender in the prosecution of the business. On this assumption, coupled with the amended form of indictment set forth, we find that apparently the authorities are in hopeless conflict as regards the culpability of the defendant under such circumstances. The precedents in his favor proceed upon the theory that no one can commit a crime in the absence of any intent to do so.…
2Cases cited9 opinions
- Carroll v. StateCourt of Appeals of Maryland · 1885
- State v. GilmoreSupreme Court of Vermont · 1908
- Olson v. StateWisconsin Supreme Court · 1910
- Walters v. StateIndiana Supreme Court · 1910
- Reismier v. StateWisconsin Supreme Court · 1912
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3Cited by16 opinions
- State v. JacksonOregon Supreme Court · 1960
- State v. RaperOregon Supreme Court · 1944
- State v. EdlundOregon Supreme Court · 1916
- State v. HarrisOregon Supreme Court · 1921
- State v. LLOYD A. FRY ROOFING COMPANYCourt of Appeals of Oregon · 1972
11 more not listed; retrieve them via the Exa API.