State v. Naylor
Oregon Supreme Court
From. Washington: James A. Eakin, Judge. Statement by Mr. Justice Harris. George F. Naylor was by indictment accused of lewd cohabitation with Eachel Watrous. Nineteen of the 27 witnesses called by the state were permitted, in despite of the objections interposed by defendant, to testify that the conduct and manner of living of George F. Naylor and Eachel Watrous caused talk in the community. The different witnesses described the talk variously.
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From. Washington: James A. Eakin, Judge. Statement by Mr. Justice Harris. George F. Naylor was by indictment accused of lewd cohabitation with Eachel Watrous. Nineteen of the 27 witnesses called by the state were permitted, in despite of the objections interposed by defendant, to testify that the conduct and manner of living of George F. Naylor and Eachel Watrous caused talk in the community. The different witnesses described the talk variously. One designated it as “ some talk, ’ ’ and others characterized it as “a good deal,” or “some,” or “a great deal,” or “public,” or “public talk and…
1Opinion of the CourtJustice Harris
1. Since the trial of the instant case in the Circuit Court, the same class of testimony objected to here was held to be inadmissible and prejudicial in State v. Naylor, 68 Or. 139 (136 Pac. 889), where Mr. Chief Justice McBride, speaking for the court, says:
“The first error assigned in the appellant’s brief was the admission by the court of evidence tending to show that the conduct of defendant and Miss Traver was the subject of comment and criticism in the community. The learned district attorney has cited to us no case, and we have been unable.to find one, which holds evidence of this…
2Cases cited20 opinions
- Doon v. SmithOregon Supreme Court · 1893
- State v. FinchOregon Supreme Court · 1909
- Cathey v. Missouri, Kansas & Texas Railway Co.Texas Supreme Court · 1911
- Hoag v. Washington-Oregon Corp.Oregon Supreme Court · 1914
- Johnston v. JohnstonSupreme Court of Missouri · 1903
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3Cited by1 opinion
- Lichtenthaler v. ClowOregon Supreme Court · 1923