Legal Opinion

State v. Cohen

Court of Appeals of Oregon

Decided September 24, 1979No. 18-306 (78-8869), CA 12428PublishedCited by 10 opinions

1Opinion of the Court

*299TANZER, J.

The defendant appeals his conviction of aggravated murder. He contends that the indictment charged him with felony murder, but was insufficient to allege aggravated murder.

An indictment for any crime must allege the elements of that crime. ORS 132.550(7) requires an indictment to contain:

"A statement of the acts constituting the offense in ordinary and concise language, without repetition, and in such manner as to enable a person of common understanding to know what is intended * *

This indictment charged:

"That the above-named defendant(s) on or about the 2nd day of May, 1978, in…

2Cases cited1 opinion

  1. State v. RainwaterCourt of Appeals of Oregon · 1976

3Cited by10 opinions

  1. Somphalavanh Sophanthavong v. Joan Palmateer, SuperintendentCourt of Appeals for the Ninth Circuit · 2004
  2. State v. CohenOregon Supreme Court · 1980
  3. State v. ReynoldsCourt of Appeals of Oregon · 1979
  4. Sophanthavong v. PalmateerCourt of Appeals for the Ninth Circuit · 2004
  5. Somphalavanh Sophanthavong v. Joan Palmateer, SuperintendentCourt of Appeals for the Ninth Circuit · 2004

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