State v. Littschke
Oregon Supreme Court
Appeal from Multnomah: Thos. A. Stephens, Judge. This is an appeal from a judgment against the defendant upon his conviction of the crime of larceny by bailee. The indictment charges that on August twenty-ninth, eighteen hundred and ninety-three, the defendant was in possession as bailee of five hundred and twenty-five dollars, the property of Elizabeth Hess, and while so in possession embezzled and feloniously converted the same to his own use.
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Appeal from Multnomah: Thos. A. Stephens, Judge. This is an appeal from a judgment against the defendant upon his conviction of the crime of larceny by bailee. The indictment charges that on August twenty-ninth, eighteen hundred and ninety-three, the defendant was in possession as bailee of five hundred and twenty-five dollars, the property of Elizabeth Hess, and while so in possession embezzled and feloniously converted the same to his own use. Issue was joined by the plea of not guilty and former acquittal. The latter defense is based upon the fact that defendant was placed on trial before…
1Opinion of the Court
Opinion by
Mr. Chief Justice Bean.
*1921. It is conceded by the defendant that by the weight of authority an acquittal on an indictment which is fatally defective will not support a plea of former jeopardy, but the contention of his counsel is that this rule has been changed by section 1338 of Hill’s Code, which provides that when a defendant is acquitted on the merits he is to be deemed acquitted of the same crime, notwithstanding a defect in form or substance in the indictment on which he was acquitted. This section only changes the rule so that when a criminal trial proceeds to verdict on the…
2Cited by12 opinions
- City of Portland v. StevensOregon Supreme Court · 1946
- State v. DuboisUtah Supreme Court · 1940
- State v. PattersonSupreme Court of Kansas · 1903
- Meachem v. StateSupreme Court of Florida · 1903
- State v. HannaOregon Supreme Court · 1960
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