In re Enright

• Citation: 160 Or. 313,85 P.2d 359
• Parties: IN RE ENRIGHT
• Decision Date: 13 December 1938
• Court: Supreme Court of Oregon

160 Or. 313

85 P.2d 359

IN RE ENRIGHT

Supreme Court of Oregon.

Argued November 30, 1938.

Judgment rendered December 13, 1938.

Criminal law

1. Under statute defining felony, whether a crime is a felony or a misdemeanor is to be determined by punishment inflicted by court, and not by punishment which court is authorized to impose.

Attorney and client

2. Where an attorney had been convicted in a justice's court of driving while intoxicated, and of being intoxicated in a public place, suspension from practice for six months was warranted.

                  See 5 Am. Jur. 415
                

Department 1.

Petition of T.J. Enright for review of recommendation of the Board of Governors of the Oregon State Bar affirming the recommendation of the trial committee of the Oregon State Bar that he be permanently disbarred.

ATTORNEY SUSPENDED.

W.V. Van Emon, of Klamath Falls (U.S. Balentine, of Klamath Falls, on the brief), for T.J. Enright.

John F. Steelhammer, of Salem (Otto J. Frohnmayer, Kenneth G. Denman and Harry C. Skyrman, all of Medford, on the brief), for Oregon State Bar.

KELLY, J.

On December 9, 1936, the Oregon State Bar filed a complaint with its Board of Examiners against T.J. Enright. On December 16, 1936, the accused filed an answer thereto. On April 2 and 3, 1937, a hearing was had before the trial committee. On October 5, 1937, said trial committee filed its findings and recommendations. On October 26, 1937, accused filed his notice of appeal with said Board of Governors. On February 26, 1938, said board caused to be filed in the supreme court their decision and recommendation together with the transcript of the hearing had before the trial committee and all other records in the matter. On June 11, 1938, the accused filed with the supreme court his notice of appeal from the findings, recommendations and decisions of said trial committee and said Board of Governors, and on said last named date with said notice of appeal the accused filed his brief herein. On July 1, 1938, the brief of the Oregon State Bar was filed herein.

Count 1 of the complaint alleges that on or about the 24th day of October, 1934, in the justice's court for Medford district the accused was convicted of the crime of driving an automobile while under the influence of intoxicating liquor, which crime was committed on May 20, 1934, in Jackson county. For this defendant was sentenced to serve 30 days in the county jail and to pay a fine of $100.

Count 2 charges a conviction of defendant in the circuit court of Jackson county of a similar offense committed on August 11, 1934, for which defendant was sentenced to serve 90 days in the county jail and pay a fine of $100.

Count 3 charges a conviction of defendant in the city court of Medford upon a charge of being drunk in a public place in said city on December 22, 1935, for which defendant paid a fine of $10.

Count 4 charges in effect that defendant has willfully failed to support the laws of the state of Oregon, by committing the three offenses just enumerated.

The trial committee found that count 5 was not proved. We concur with the finding of the committee and, therefore, refrain from discussing said count.

Count 6 charges that defendant issued certain checks upon banks wherein he did not have sufficient funds with which to...