State v. Pachmayr

How courts have described this case

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

• explaining that Article VII (Amended), section 5, of the Oregon Constitution allows amendments to charging instruments as to form without resubmission to the grand jury
• explaining that Oregon law, since 1908, distinguished between \allegations in an indictment that were necessary to make the indictment sufficient to charge a crime and other defects or imperfections that did not affect the sufficiency of the indictment.\
• looking to the statutes in effect in 1908 when determining the meaning of “defective in form” in Article VII (Amended), section 5(6)
• reviewing for legal error whether a trial court properly allowed the district attorney to amend an indictment at the close of the state’s case-in-chief
• distinguishing dangerous from deadly weapons and indicating that the state may be required to adduce evidence to demonstrate that a vehicle is a deadly, as opposed to a dangerous, weapon
• discussing whether an amendment to an indictment is one of form or substance

Source: CourtListener parenthetical corpus (CC0).