State v. Hill
Oregon Supreme Court
From Sherman: David R. Parker, Judge. Statement by Mr. JUSTICE McBride. The defendant, Albert Hill, was jointly indicted by the grand jury of Sherman County with Walter Hill for the larceny of two mares, the property of Todd Bros. The evidence introduced by the State tended to show: That the mares were last seen by the owners about May 28, 1911, and at that time they were upon the range in Sherman County, near the premises of the owners.
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From Sherman: David R. Parker, Judge. Statement by Mr. JUSTICE McBride. The defendant, Albert Hill, was jointly indicted by the grand jury of Sherman County with Walter Hill for the larceny of two mares, the property of Todd Bros. The evidence introduced by the State tended to show: That the mares were last seen by the owners about May 28, 1911, and at that time they were upon the range in Sherman County, near the premises of the owners. They were first missed on June 3d following. That on June 3d the animals were seen in the possession of Walter Hill, defendant’s brother, at the Hill ranch,…
1Opinion of the CourtJustice McBride
1. Under the recent amendment to our constitution (Article VII, Section 3), if there is any evidence to support the verdict, this court cannot disturb it. The jury are the exclusive judges of all questions of fact. Section 139, L. O. L.
2. Upon the case made by the State we are of the opinion that there was evidence tending to indicate defendant’s guilt sufficient to go to the jury. The possession of property recently stolen is a fact from which the jury may infer that the possessor was concerned in the theft. Wharton, Criminal Evidence (10 ed.) § 758. Mr. Wharton says:
“Taking up, then, the…
2Cases cited2 opinions
- Grimes v. StateIndiana Supreme Court · 1879
- United States v. CraigU.S. Circuit Court for the District of Eastern Pennsylvania · 1827
3Cited by13 opinions
- State v. WagnerOregon Supreme Court · 1988
- State v. BurkeOregon Supreme Court · 1928
- Tenold v. Weyerhaeuser Co.Court of Appeals of Oregon · 1994
- State v. EppersOregon Supreme Court · 1931
- Crittenden v. StateCourt of Criminal Appeals of Oklahoma · 1917
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