State v. Fouts
| Decision Date | 16 April 1929 |
| Citation | 129 Or. 115,276 P. 683 |
| Parties | STATE v. FOUTS. |
| Court | Oregon Supreme Court |
Department 1.
Appeal from Circuit Court, Washington County; George R. Bagley, Judge.
Olga Fouts was charged with possessing liquor. From an adverse ruling, the State appeals. Affirmed.
E. B. Tongue, Dist. Atty., of Hillsboro (P. L. Patterson, Deputy Dist. Atty., of Hillsboro, on the brief), for the State.
This case involves the question of whether or not a person receiving from another a bottle of intoxicating liquor for the mere purpose of taking a drink therefrom, and then returning the bottle, is guilty of unlawful possession of intoxicating liquor. The learned circuit judge ruled against the state, from which the district attorney has appealed. The learned district attorney presented a cogent and logical argument for reversing the ruling of the circuit court. The case is controlled, however, by the case of State v. Williams, 117 Or. 238, 243 P. 563.
The judgment is affirmed.
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Ibach v. Jackson
...only of taking a drink therefrom does not constitute unlawful possession. State v. Williams, 117 Or. 238, 243 P. 563; State v. Fouts, 129 Or. 115, 276 P. 683. In case at bar, both complaints, one by direct reference, the other by obvious inference, disclose that defendant knowingly had larg......
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State v. Gordineer
...place the person accepting the drink in illegal possession of alcoholic liquor. State v. Williams, 117 Or. 238, 243 P. 563; State v. Fouts, 129 Or. 115, 276 P. 683. Thus, in order to prove the crime of contributing to the delinquency of a minor, where the act of defendant consisted merely o......