State v. Prendergast
Oregon Supreme Court
Disbarment proceedings in the Supreme Court. In Banc. Statement by Mr. Chiee Justice McBride. This is a disbarment proceeding instituted by the state upon relation of the grievance committee of the Oregon bar association. The complaint charges, in substance: “5. That on, to wit, the last day of July, 1916, a Grand Jury, duly empaneled in the District Court of the United States for the District of Oregon, returned an indictment against the said Wm.
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Disbarment proceedings in the Supreme Court. In Banc. Statement by Mr. Chiee Justice McBride. This is a disbarment proceeding instituted by the state upon relation of the grievance committee of the Oregon bar association. The complaint charges, in substance: “5. That on, to wit, the last day of July, 1916, a Grand Jury, duly empaneled in the District Court of the United States for the District of Oregon, returned an indictment against the said Wm. J. Prendergast for violation of Section 215 of the Federal Penal Code; that in the said indictment it was charged that Wm. J. Prendergast on, to…
1Opinion of the Court
Opinion by
Mr. Chief Justice McBride.
The facts recited in the indictment upon which the defendant was convicted indicate that he was gmlty of the use of the United States mails with intent to defraud; and while this is an offense against the laws of the United States and is declared to be a felony it is not so under' the laws of Oregon. In Ex parte Biggs, 52 Or. 433 (97 Pac. 713), it was held that the words “felony” and “misdemeanor” were used in their statutory sense, and that there being no such offense as that of which the defendant was convicted in the federal court an allegation of such…
2Cases cited1 opinion
- Ex parte BiggsOregon Supreme Court · 1908
3Cited by5 opinions
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