Legal Opinion

State v. Rosasco

Oregon Supreme Court

Decided March 21, 1922PublishedCited by 35 opinions

From Columbia: Jambs A. Eakin, Judge. Department 2. This is an appeal from judgment of conviction of a crime committed in violation of the Prohibition Liquor Law. The crime consisted in the unlawful possession of intoxicating liquor. Louis Eosasco was the manager of the Columbia Eiver Produce & Canning Company, and an owner of the property possessed by it. He resided on the top floor of the cannery, and had the privilege of using the basement.

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From Columbia: Jambs A. Eakin, Judge. Department 2. This is an appeal from judgment of conviction of a crime committed in violation of the Prohibition Liquor Law. The crime consisted in the unlawful possession of intoxicating liquor. Louis Eosasco was the manager of the Columbia Eiver Produce & Canning Company, and an owner of the property possessed by it. He resided on the top floor of the cannery, and had the privilege of using the basement. The grand jury for the Circuit Court in and for Columbia County, Oregon, by indictment, charged that: “The said L. Eosasco, on the seventeenth day of…

1Opinion of the CourtBbown, J.

1. Neither averment nor proof of criminal intent is involved in the crime charged to have been committed by the defendant. He contends, however, that the indictment is insufficient, in that it does not charge him with having the “product in his possession for the purpose of using the same as a beverage,” as defined by Section 2, Chapter 141, General Laws of 1915, and Section 2224 — 1, Or L. The words “intoxicating liquor,” as used in this section of our prohibitory law, embrace all

*3501. (a) Spirituous liquors(b) Malt liquors(o) Vinous liquors(d) Fermented or other intoxicating liquors;

2. (a) And…

2Cases cited31 opinions

  1. United States v. CookSupreme Court of the United States · 1872
  2. United States v. BrittonSupreme Court of the United States · 1883
  3. Hansen v. Oregon-Wash. R. & N. Co.Oregon Supreme Court · 1920
  4. State v. AbbeySupreme Court of Vermont · 1856
  5. Sustar v. County CourtOregon Supreme Court · 1921

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

3Cited by35 opinions

  1. State v. ChitwoodOregon Supreme Court · 2022
  2. Smallman v. GladdenOregon Supreme Court · 1955
  3. State v. ElliottOregon Supreme Court · 1963
  4. State v. WorthCourt of Appeals of Oregon · 2009
  5. State v. PurrierCourt of Appeals of Oregon · 2014

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

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