STATE v. RUSSELL


231 Or. 317 (1962)

372 P.2d 770

STATE OF OREGON v. RUSSELL

Supreme Court of Oregon.

Reversed June 27, 1962.


Attorney(s) appearing for the Case

Pat Albano, Ontario, argued the cause for appellant. With him on the briefs was Max S. Taggart, Ontario.

Richard J. Courson, District Attorney, Pendleton, argued the cause for respondent. On the brief was E. Otis Smith, District Attorney, Vale.

Before McALLISTER, Chief Justice, and ROSSMAN, WARNER, PERRY, SLOAN, O'CONNELL and GOODWIN, Justices.


REVERSED.

GOODWIN, J.

Defendant was found guilty of stealing livestock and appeals from the resulting judgment.

The indictment under which the defendant was tried alleged that he stole "a certain yearling Hereford heifer, marked and branded with a lazy YD on the left hip * * *." All the evidence at the trial, however, proved that the animal was a "steer calf." The numerous assignments of error present issues arising out of the materiality of the variance...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases