State v. McClard
Oregon Supreme Court
From Marion: Percy R. Kelly, Judge. Department 1. Statement by Mr. Justice McBride. The defendant, Fred McClard, was indicted for the crime of burning property with intent to injure and defraud the insurer; which crime it was alleged was committed on the seventh day of November, 1915. There was evidence tending to show that on the thirtieth day of October, 1915, he procured insurance in the North British & Mutual Insurance Company upon certain household goods, consisting…
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From Marion: Percy R. Kelly, Judge. Department 1. Statement by Mr. Justice McBride. The defendant, Fred McClard, was indicted for the crime of burning property with intent to injure and defraud the insurer; which crime it was alleged was committed on the seventh day of November, 1915. There was evidence tending to show that on the thirtieth day of October, 1915, he procured insurance in the North British & Mutual Insurance Company upon certain household goods, consisting principally of clothing and personal effects and then being in a frame building situated' at 1745 Court Street, Salem,…
1Opinion of the CourtJustice McBride
1, 2. The principal question discussed here is the admissibility and sufficiency of the evidence as to another and similar occurrence to the one charged. It is a general rule that evidence of other and distinct *512crimes than that charged in the indictment cannot be given in evidence: State v. Baker, 23 Or. 441 (32 Pac. 161); State v. McDaniel, 39 Or. 172 (65 Pac. 520); State v. O’Donnell, 36 Or. 222 (61 Pac. 892); State v. Lee, 46 Or. 42 (79 Pac. 577); State v. Martin, 47 Or. 284 (83 Pac. 849, 8 Ann. Cas. 769); State v. Kelliher, 49 Or. 83 (88 Pac. 867); State v. Baker, 50 Or. 386 (92 Pac.…
2Cases cited29 opinions
- Boyd v. United StatesSupreme Court of the United States · 1892
- State v. McDanielOregon Supreme Court · 1901
- Mayer v. . the PeopleNew York Court of Appeals · 1880
- State v. O'DonnellOregon Supreme Court · 1900
- State v. FinchOregon Supreme Court · 1909
24 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- State of Oregon v. LongOregon Supreme Court · 1952
- State v. WillsonOregon Supreme Court · 1925
- State v. WaltersOregon Supreme Court · 1922
- Rutledge v. St. Paul Fire & Marine InsuranceCourt of Appeals of South Carolina · 1985
- State v. CookeOregon Supreme Court · 1929
16 more not listed; retrieve them via the Exa API.