State v. Carmody
Oregon Supreme Court
From Marion: George H. Burnett, Judge. Statement by Mr. Chief Justice Bean. On October 6, 1906, the District Attorney of the Third Judicial-District filed in the circuit court for Marian County an information charging defendant Henry Carmody with the crime of selling intoxicating liquors.
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From Marion: George H. Burnett, Judge. Statement by Mr. Chief Justice Bean. On October 6, 1906, the District Attorney of the Third Judicial-District filed in the circuit court for Marian County an information charging defendant Henry Carmody with the crime of selling intoxicating liquors. The material parts of the information are as fallows: “That at the general election held in the County of Marion, State of Oregon, on the 4th day of June, 1906, the question whether there should be prohibition of the sale of -intoxicating liquor for beverage purposes for Horeb Precinct, Marion County, State…
1Opinion of the Court
Opinion by
Mr. Chief Justice Bean.
1. The objection to the information, and to the competency of the record of the county court declaring. the. result of the election and-prohibiting the sale of intoxicating liquor,.in Horeb Precinct, is, in substance, that it is not alleged .in the information, nor was it shown at the trial, that a legal, and valid election to decide whether the sale of intoxicating liquor should, be prohibited in such precinct was. ordered or held as required by law. Section 10 of the local option law (Laws..l905, p. 47, e. 2) provides that the order of the county court…
2Cases cited6 opinions
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