City of Astoria v. Malone
Oregon Supreme Court
From Clatsop: James A. Eakin, Judge. Statement by Mr. Justice Moore. Tbe defendant was accused by a verified complaint filed in tbe Police Court of tbe City of Astoria of violating tbe provisions of Ordinance No. 5025 of that municipality, which offense was alleged to have been committed as follows: “That said Walter Malone, within tbe corporate limits of tbe City of Astoria, Clatsop County, State of Oregon, on tbe 26th day of August, 1917, then and there being, did have…
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From Clatsop: James A. Eakin, Judge. Statement by Mr. Justice Moore. Tbe defendant was accused by a verified complaint filed in tbe Police Court of tbe City of Astoria of violating tbe provisions of Ordinance No. 5025 of that municipality, which offense was alleged to have been committed as follows: “That said Walter Malone, within tbe corporate limits of tbe City of Astoria, Clatsop County, State of Oregon, on tbe 26th day of August, 1917, then and there being, did have unlawfully in bis possession intoxicating liquors* to wit: beer and wine, contrary to tbe ordinance in such case made and…
1Opinion of the CourtJustice Moore
1. It is insisted that the judgment rendered herein should be affirmed because the defendant’s counsel moved for a directed verdict in favor of their client, instead of a verdict of not guilty. The court undoubtedly understood the purport of the motion, which application was not denied by reason of any indefiniteness therein as to the meaning intended to be conveyed. The point contended for is without merit.
This action was founded upon Section 5 of the ordinance mentioned, which provision reads:
“It shall be unlawful for any person, persons, firm, company or corporation to have in his, her,…
2Cases cited20 opinions
- United States v. CookSupreme Court of the United States · 1872
- State v. ShawOregon Supreme Court · 1892
- State v. TamlerOregon Supreme Court · 1890
- State v. CarmodyOregon Supreme Court · 1907
- Price v. StipekMontana Supreme Court · 1909
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3Cited by9 opinions
- State v. LaundyOregon Supreme Court · 1922
- State v. SmithOregon Supreme Court · 1948
- Connell v. Delaware Aircraft Industries, Inc.Superior Court of Delaware · 1947
- State v. HarrisOregon Supreme Court · 1921
- Preckel v. ByxneNorth Dakota Supreme Court · 1932
4 more not listed; retrieve them via the Exa API.