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STATE OF OREGON v. SMITH

198 Or. 31 (1953)

255 P.2d 1076

STATE OF OREGON v. SMITH

Supreme Court of Oregon.

Affirmed April 15, 1953.

Attorney(s) appearing for the Case

James K. Gardner, Deputy District Attorney for Washington County, argued the cause for appellant. With him on the brief was G. Russell Morgan, District Attorney for Washington County.

James O. Goodwin, of Oregon City, argued the cause for respondent. On the brief was Glenn R. Jack, of Oregon City.

Before LATOURETTE, Chief Justice, and LUSK, BRAND, TOOZE and PERRY, Justices.

AFFIRMED.

BRAND, J.

The grand jury for Washington County returned into court an indictment reciting that

"GEORGE HORACE EDWARD SMITH is accused by the Grand Jury of Washington County by this indictment of the crime of NEGLIGENT HOMICIDE committed as follows:"

The defendant demurred to the indictment upon the ground that "said indictment does not state facts sufficient to constitute a crime of Negligent Homicide." The trial court sustained...

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