State v. Branton
Oregon Supreme Court
From Lane : J. W. Hamilton, Judge. The defendant, Claude Branton, was convicted of the crime of murder in the first degree, alleged to have been committed in Lane County, June 15,1898, by killing one John A. Linn, and, having been sentenced to be hanged, he appeals, assigning as error the action of the trial court in denying him leave to withdraw his plea of not guilty to enable him to demur to the indictment, in refusing to direct the jury to acquit him, and in giving…
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From Lane : J. W. Hamilton, Judge. The defendant, Claude Branton, was convicted of the crime of murder in the first degree, alleged to have been committed in Lane County, June 15,1898, by killing one John A. Linn, and, having been sentenced to be hanged, he appeals, assigning as error the action of the trial court in denying him leave to withdraw his plea of not guilty to enable him to demur to the indictment, in refusing to direct the jury to acquit him, and in giving certain instructions. The defendant pleaded not guilty when arraigned, and thereafter, but before he was tried, one Courtland…
1Opinion of the Court
Mr. Justice Moore,
after stating the facts, delivered the opinion.of the court.
1. It is contended by defendant’s counsel that under the form of these indictments Green’s plea of guilty was a complete vindication of the law for the commission of the single crime with which he and Branton were separately charged, and operated as an acquittal of the latter, and that the court therefore erred in refusing to permit him to withdraw his plea. By sections 1289 and 2011, Hill’s Ann. Laws, passed in 1864, it is provided that “the distinction between an accessory before the fact and a principal, and…
2Cases cited7 opinions
- State v. SteevesOregon Supreme Court · 1896
- State v. GeddesMontana Supreme Court · 1899
- State v. MoranOregon Supreme Court · 1887
- State v. GiffordWashington Supreme Court · 1898
- State v. O'BrienSupreme Court of Rhode Island · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State v. AyresIdaho Supreme Court · 1949
- State v. CaseyOregon Supreme Court · 1923
- State v. MillsOregon Supreme Court · 2013
- State v. WallaceOregon Supreme Court · 1942
- State v. PhillipsOregon Supreme Court · 2013
7 more not listed; retrieve them via the Exa API.