Legal Opinion

State v. Hoffman

Oregon Supreme Court

Decided July 24, 1917PublishedCited by 4 opinions

From Multnomah: Henry E. McGinn, Judge. Department 1. Statement by Mr. Justice Benson. The district attorney for Multnomah County filed a complaint in the District Court for said county charging the defendant with ‘ ‘ unlawfully keeping and maintaining a place as a common nuisance,” by keeping for sale, barter and delivery, in violation of law, certain intoxicating liquors at number 890 East Yamhill Street, Portland.

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From Multnomah: Henry E. McGinn, Judge. Department 1. Statement by Mr. Justice Benson. The district attorney for Multnomah County filed a complaint in the District Court for said county charging the defendant with ‘ ‘ unlawfully keeping and maintaining a place as a common nuisance,” by keeping for sale, barter and delivery, in violation of law, certain intoxicating liquors at number 890 East Yamhill Street, Portland. The title of the court and cause as found in the complaint, reads thus: “In the District Court of the State of Oregon for the County of Multnomah. State of Oregon, vs. Geo. L.…

1Opinion of the CourtJustice Benson

This appeal is taken under the authority of Section 34 of Chapter 141, Laws of Oregon, 1915, which reads as follows:

“An appeal to the supreme court may be taken by the state from the judgment or order of the circuit court in all cases arising under this act, upon a judgment for the defendant quashing the indictment, or upon a judgment of acquittal entered on a verdict, whether ordered by the court or otherwise, for the purpose of determining questions of law, but not for the purpose of obtaining a new trial; but nothing in this section contained shall be construed to abridge any *279right of…

2Cases cited5 opinions

  1. State v. HoledgerWashington Supreme Court · 1896
  2. Jenkins v. StateSupreme Court of Florida · 1893
  3. State v. BartlettSupreme Judicial Court of Maine · 1860
  4. State v. EmmonsOregon Supreme Court · 1912
  5. State v. BarberCourt of Appeals of Kansas · 1896

3Cited by4 opinions

  1. Commonwealth v. Certain Confiscated LiquorsSuperior Court of Pennsylvania · 1927
  2. State v. PoichNew Mexico Supreme Court · 1929
  3. Billington v. United StatesCourt of Appeals for the Sixth Circuit · 1926
  4. State v. A 1963 Corvette AutomobileCourt of Appeals of Oregon · 1972

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