In re Clark
Oregon Supreme Court
Original proceedings in Supreme Court. Statement by’Mb. Justice Benson. Albin L. Clark commenced a mandamus proceeding in this court to require John P. Kavanaugh, Judge of the Circuit Court of the State of Oregon, for the county of Multnomah, Department No. 1, to sign an order dismissing an indictment. A demurrer to the answer overruled and writ dismissed.
1Opinion of the CourtJustice Benson
On April 29, 1915, the petitioner was indicted for the crime of willfully and fraudulently altering and destroying white ballots cast at an election. There*327after lie entered a plea of not guilty, and on May 17, 1915, a trial was had in which the jury was discharged for inability to agree upon a verdict. Another trial was begun on May 25th of the same year, which resulted in a conviction, and thereafter the verdict was set aside for the reason that in the interval the official stenographer, who reported the trial, died, and it was therefore impossible to secure a record thereof. About December…
2Cases cited2 opinions
- Croasman v. KincaidOregon Supreme Court · 1897
- Irwin v. KincaidOregon Supreme Court · 1897
3Cited by17 opinions
- State of Oregon v. KuhnhausenOregon Supreme Court · 1954
- State v. BatehamOregon Supreme Court · 1919
- State v. ChadwickOregon Supreme Court · 1935
- STATE EX REL. PACIFIC TELEPHONE AND TELEGRAPH CO. v. DuncanOregon Supreme Court · 1951
- State Ex Rel. Penn v. NorbladOregon Supreme Court · 1996
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