State v. Chandler
| Citation | 113 Or. 652,234 P. 266 |
| Parties | STATE v. CHANDLER. |
| Decision Date | 17 March 1925 |
| Court | Oregon Supreme Court |
In Banc.
Appeal from Circuit Court, Lake County; J. M. Batchelder, Judge.
George Chandler was charged with commission of a misdemeanor. His demurrer to the indictment was sustained, and the State appeals. Reversed and remanded.
T. S. McKinney, Dist. Atty., of Lakeview, for the State.
The grand jury of Lake county returned into the circuit court an indictment charging the defendant with a criminal violation within that county of the provisions of section 5711, Or. L. Upon a bench warrant issued out of that court the sheriff arrested the defendant and brought him before the court for trial. The defendant demurred to the indictment upon the ground that the circuit court had no jurisdiction of the offense charged in the indictment. The court sustained the demurrer, and from a judgment for the defendant on the demurrer to the indictment the state appeals.
Section 5711, Or. L., provides:
Section 5767, Or. L., provides the penalty that shall be imposed for a violation of any of the provisions of the act, of which both sections are a part, in these words:
"All violations of the provisions of this act, declared herein to be misdemeanor[s], shall be punished by a fine not exceeding $250 nor less than $10, or by imprisonment in the county jail not exceeding six months, or by both such fine and imprisonment."
This cause was submitted here without argument, and no brief was filed on behalf of the defendant. We are therefore at a loss to understand his position, but it is stated in the brief filed on behalf of the state that the circuit court sustained the demurrer upon the ground that, under the provisions of section 5712, Or. L., justices' courts are given exclusive jurisdiction to try the offense with which the defendant is charged. That section provides:
"The water master, or his assistants, within his district shall have power to arrest any person or persons violating any of the provisions of this act and turn them over to the sheriff or other competent police officer within the county; and immediately upon delivering any such person so arrested into the custody of the sheriff, it shall be the duty of the water master making such arrest to immediately in writing and upon oath, make complaint before the proper justice of the peace against the person so arrested."
The section last referred to authorizes the water master or any of his assistants to arrest, without a warrant, a person found violating the provisions of section 5711 and to place him in the custody of the sheriff or some other competent officer within the county, and when this is done makes it mandatory upon the water master or his...
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