State v. Hankins

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a defendant may demur to an indictment on the ground that it fails to state facts that constitute an offense if the indictment does not allege all the elements of the offense it purports to charge, even if it alleges all the elements of a lesser-included offense
• use of indefinite article “an” in statute could mean defendant is permitted to demur to indictment when facts alleged do not constitute any offense
• use of indefinite article “an” in statute could Cite as 360 Or 115 (2016) 127 mean defendant is permitted to demur to indictment when facts alleged do not constitute any offense
• use of indefinite article “an” in statute could Cite as 360 Or 115 (2016) 127 mean defendant is permitted to demur to indictment when facts alleged do not constitute any offense
• legislature’s use of indefinite article in statute permits two interpretations: that demurrer is permitted only when the facts stated do not constitute “any” offense, or when indictment simply fails to state the offense that it purports to charge
• legislature’s use of indefinite article in stat- ute permits two interpretations: that demurrer is permitted only when the facts stated do not constitute “any” offense, or when indictment simply fails to state the offense that it purports to charge

Source: CourtListener parenthetical corpus (CC0).

Cited by

5 cases in this archive cite this case.

• Lake Oswego Preservation Society v. City of Lake Oswego
  Oregon Supreme Court· 2016-08-04· cited 23×
• State v. Carrillo
  Court of Appeals of Oregon· 2020-05-13· cited 8×
• State v. Meiser
  Court of Appeals of Oregon· 2021-01-21· cited 6×
• State v. Myers
  Court of Appeals of Oregon· 2008-03-19· cited 4×
• State v. Brumwell
  Oregon Supreme Court· 2022-03-31

Cites

8 cases in this archive are cited by this case.

• State v. Wimber
  Oregon Supreme Court· 1992-12-24· cited 78×
• City of Portland v. Dollarhide
  Oregon Supreme Court· 1986-02-04· cited 57×
• State v. Fanus
  Oregon Supreme Court· 2003-10-23· cited 32×
• State v. McKenzie
  Oregon Supreme Court· 1989-03-21· cited 27×
• State Ex Rel. Schrunk v. Bonebrake
  Oregon Supreme Court· 1994-01-27· cited 8×
• State v. Wolfs
  Oregon Supreme Court· 1992-02-13· cited 8×
• State v. Hankins
  Court of Appeals of Oregon· 2004-07-08· cited 2×
• State v. Hankins
  Court of Appeals of Oregon· 2005-02-02· cited 1×