State v. Howard
Oregon Supreme Court
From Malheur: Dalton Biggs, Judge. In Bane. The defendant was indicted, tried and convicted of the crime of murder in the first degree committed upon the person of George B. Seeny, commonly known as George B. Sweeny. It was alleged that the offense was committed by the defendant on September 14, 1920, in the county of Malheur, Oregon, by striking deceased divers blows on the head with a piece of iron called a wrench.
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From Malheur: Dalton Biggs, Judge. In Bane. The defendant was indicted, tried and convicted of the crime of murder in the first degree committed upon the person of George B. Seeny, commonly known as George B. Sweeny. It was alleged that the offense was committed by the defendant on September 14, 1920, in the county of Malheur, Oregon, by striking deceased divers blows on the head with a piece of iron called a wrench. There is no question raised in the brief as to the sufficiency of the indictment and none as to the fact that defendant killed deceased with the weapon alleged in the indictment.…
1Opinion of the CourtMcBRIDE, J.
It may help to clarify matters to state briefly the facts either expressly admitted by defendant in his testimony or proved by such uncontroverted testimony as renders them morally certain.
It is a fact that on September 13, 1920, the defendant and deceased were “dickering” about the purchase of a Maxwell automobile by defendant and that the negotiations had gone so far that nothing remained to complete the trade except for defendant to pay a certain amount of cash and give acceptable security for the unpaid balance to the deceased.
It is certain that on the same date defendant purchased at a…
2Cases cited8 opinions
- People v. TapiaCalifornia Supreme Court · 1901
- Pitts v. StateMississippi Supreme Court · 1871
- State v. MegordenOregon Supreme Court · 1907
- Ruloff v. . the PeopleNew York Court of Appeals · 1858
- People v. JonesCalifornia Supreme Court · 1883
3 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- City of Bremerton v. CorbettWashington Supreme Court · 1986
- State v. LerchOregon Supreme Court · 1984
- State v. SmithOregon Supreme Court · 1986
- State v. BouseOregon Supreme Court · 1953
- State v. NunnOregon Supreme Court · 1958
32 more not listed; retrieve them via the Exa API.