Legal Opinion

State v. Bergman

Oregon Supreme Court

Decided December 15, 1877PublishedCited by 26 opinions

Appeal from Clatsop County. Appellants were indicted for violating the provisions of section 674 of the criminal code. The section is recited in the opinion of the court. The indictment charges them in effect with keeping a slaughter-house in the city of Astoria, and there butchering cattle, etc. It charges that the act complained of “grossly injures the person and property of another,” and “grossly disturbs the public health,” and “openly outrages the public decency.”

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Appeal from Clatsop County. Appellants were indicted for violating the provisions of section 674 of the criminal code. The section is recited in the opinion of the court. The indictment charges them in effect with keeping a slaughter-house in the city of Astoria, and there butchering cattle, etc. It charges that the act complained of “grossly injures the person and property of another,” and “grossly disturbs the public health,” and “openly outrages the public decency.” To this indictment defendants demurred fqr the reasons substantially as follows: 1. That the circuit court for Clatsop county…

1Opinion of the Court

By the Court, Watson, J.:

The first objection made by the demurrer is, that the exclusive jurisdiction of the offense charged in the indictment is vested in the police court of the city of Astoria. Subdivision 6 of section 38 of “An act entitled an act to incorporate the city of Astoria in Clatsop county, Oregon,” confers upon the council of the' city the right ‘ ‘ to prevent and remove nuisances.” Subdivision 19 of the same section empowers the council “to provide for the establishment of market-houses and places, and to regulate the location and management of market-houses, places, and…

2Cases cited1 opinion

  1. State v. SlyOregon Supreme Court · 1872

3Cited by26 opinions

  1. State v. LaundyOregon Supreme Court · 1922
  2. State v. AnthonyOregon Supreme Court · 1946
  3. State v. HumphreysOregon Supreme Court · 1902
  4. State v. NeaseOregon Supreme Court · 1905
  5. State v. WhiteOregon Supreme Court · 1906

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