Legal Opinion

State v. Scott

Oregon Supreme Court

Decided December 17, 1912PublishedCited by 24 opinions

From Douglas: James W. Hamilton, Judge. Statement by Mr. Justice Burnett. The charging part of the indictment in this case is in the following language: “The said Walter J. Scott on the 23d day of February, A. D. 1911, in the county of Douglas and State of Oregon, then and there being, did then and there unlawfully and feloniously by a written communication threaten injury to the person and property of Antone Gallagher and to the wife of Antone Gallagher, with intent thereby…

Read the full summary

From Douglas: James W. Hamilton, Judge. Statement by Mr. Justice Burnett. The charging part of the indictment in this case is in the following language: “The said Walter J. Scott on the 23d day of February, A. D. 1911, in the county of Douglas and State of Oregon, then and there being, did then and there unlawfully and feloniously by a written communication threaten injury to the person and property of Antone Gallagher and to the wife of Antone Gallagher, with intent thereby to extort a pecuniary advantage from said Gallagher, which written communication was then and there in words following:…

1Opinion of the CourtJustice Burnett

1. So far as applicable to this case, the statute (Section 1929, L. O. L.) under which this indictment was drawn reads thus:

“If any person either verbally or by a printed or written communication shall threaten any injury to the person or property of another or that of any person standing in the relation of parent or child, husband or wife, sister or brother to such other * * with intent thereby to extort any pecuniary advantage or property from such other, * * such person upon conviction thereof shall be punished. * *”

The defendant contends that the indictment is fatally defective because it…

2Cases cited9 opinions

  1. State v. McDanielOregon Supreme Court · 1901
  2. State v. ShawOregon Supreme Court · 1892
  3. State v. WintzingerodeOregon Supreme Court · 1881
  4. State v. BlodgettOregon Supreme Court · 1907
  5. State v. LightOregon Supreme Court · 1889

4 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. State v. LaundyOregon Supreme Court · 1922
  2. State v. HumphreyOregon Supreme Court · 1912
  3. State v. BurkeOregon Supreme Court · 1928
  4. State v. ButchekOregon Supreme Court · 1927
  5. State v. BaileyOregon Supreme Court · 1925

19 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API