Legal Opinion

State v. Brinkley

Oregon Supreme Court

Decided November 15, 1909PublishedCited by 28 opinions

From Baker: William Smith, Judge. The defendant, Ira Brinkley, was convicted of the crime of larceny and from the judgment and sentence which followed, he appeals.

1Opinion of the CourtJustice Eakin

This is a criminal action, in which defendant was convicted of larceny of a calf. The indictment is in the usual form.

1. The first error urged by defendant is that the animal alleged to have been stolen is “a calf,” and that this is too indefinite, the word “calf” being applied to other things and animals as well as the offspring of the bovine family; but the latter is its primary application, and therefore must be so accepted, unless some other application appears to have been intended. Section 709, B. & C. Comp., provides that the terms of a writing are presumed to have been used in their…

2Cases cited13 opinions

  1. State v. Foot YouOregon Supreme Court · 1893
  2. State v. MagersOregon Supreme Court · 1899
  3. Giachetta v. MarquamOregon Supreme Court · 1893
  4. State v. TamlerOregon Supreme Court · 1890
  5. State v. AbramsOregon Supreme Court · 1883

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

3Cited by28 opinions

  1. State v. BraleyOregon Supreme Court · 1960
  2. Groover v. StateSupreme Court of Florida · 1921
  3. State v. DixsonMontana Supreme Court · 1927
  4. State v. WestonOregon Supreme Court · 1921
  5. State v. RussellOregon Supreme Court · 1962

23 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