Binhoff v. State
Oregon Supreme Court
From Union: Bobert Eakin, Judge. Statement by Mr. Commissioner Slater. Frank Binhoff was arrested and convicted in the Justice’s Court for South La Grande District, Union County, on the following complaint: “Frank Binhoff, the above-named defendant, is accused by this complaint of trespass on inclosed lands committed as follows: That the said'defendant, Frank Binhoff, did, in the County of Union, State of Oregon, on the 18th day of July, 1906, wrongfully and unlawfully…
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From Union: Bobert Eakin, Judge. Statement by Mr. Commissioner Slater. Frank Binhoff was arrested and convicted in the Justice’s Court for South La Grande District, Union County, on the following complaint: “Frank Binhoff, the above-named defendant, is accused by this complaint of trespass on inclosed lands committed as follows: That the said'defendant, Frank Binhoff, did, in the County of Union, State of Oregon, on the 18th day of July, 1906, wrongfully and unlawfully enter, go and trespass upon certain inclosed lands and premises, then and there the property of one After verdict plaintiff…
1Opinion of the Court
Opinion by
Mr. Commissioner Slater.
The material part of Section 1830, B. & C. Comp., under which the complaint in this case was made, provides:
“If any person other than an officer on lawful business shall go or trespass upon any inclosed lands or premises not his own, and shall fail, neglect or refuse to depart therefrom immediately and remain away until permitted to return upon the verbal or printed or written notice of the owner or person in the lawful occupation of said lands or premises, such trespasser shall be deemed guilty of a misdemeanor,” etc.
The deficiency of the complaint material…
2Cases cited9 opinions
- State v. TamlerOregon Supreme Court · 1890
- State v. ClementsOregon Supreme Court · 1887
- Coombs v. PeopleIllinois Supreme Court · 1902
- State v. WheelerNevada Supreme Court · 1896
- Parker v. Minneapolis & St. Louis RailroadSupreme Court of Minnesota · 1900
4 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Schram v. ManaryOregon Supreme Court · 1927
- Nesbitt v. City of ButteMontana Supreme Court · 1945
- Harder Et Ux. v. City of SpringfieldOregon Supreme Court · 1951
- City of Astoria v. MaloneOregon Supreme Court · 1918
- State v. EdmundsOregon Supreme Court · 1909
9 more not listed; retrieve them via the Exa API.