State v. Sterritt
Oregon Supreme Court
Appeal from Grant county: M. D. Clifford, judge. The grand jury of Grant county returned into court the following indictment against the appellant: “D. Sterritt is accused by the grand jury of Grant county and State of Oregon by this indictment of the crime of unlawfully moving sheep infected with scab from place to place without first having obtained a traveling permit therefor, committed as follows: The said D. Sterritt, on the first day of April, A. D. 1889, in the county…
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Appeal from Grant county: M. D. Clifford, judge. The grand jury of Grant county returned into court the following indictment against the appellant: “D. Sterritt is accused by the grand jury of Grant county and State of Oregon by this indictment of the crime of unlawfully moving sheep infected with scab from place to place without first having obtained a traveling permit therefor, committed as follows: The said D. Sterritt, on the first day of April, A. D. 1889, in the county of Grant and State of Oregon, having then and there a band of sheep of about 1,500 head, infected with scab, did…
1Opinion of the CourtStrahan, J.
Upon the argument in this court the appellant mainly relied upon the objections taken by the demurrer to the indictment.
1. The first objection insisted upon was that the indictment failed to allege knowledge of the defendant that the sheep had the scab at the time of their removal. In a very large class of-offenses, and mainly those that -wore classed as mala in se at common law, guilty knowledge is ucces-sary to complete the offense and it must be alleged. But in that other class, wrongs which are forbidden by statute, and more especially those offences which are made punishable in…
2Cited by4 opinions
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- State v. CoxOregon Supreme Court · 1919