State v. Meyers
Oregon Supreme Court
From Marion: George H. Burnett, Judge. Statement by Mr. Justice McBride. The defendant, George Meyers, was indicted for murder in the first degree committed by shooting one Thomas Eekhart. The evidence as to the immediate fact of the shooting consisted principally of the dying declaration of the deceased and the testimony of defendant. Defendant was occupying a room in a building owned by his father and occupied by his brother Arthur Meyers, and occasionally by himself.
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From Marion: George H. Burnett, Judge. Statement by Mr. Justice McBride. The defendant, George Meyers, was indicted for murder in the first degree committed by shooting one Thomas Eekhart. The evidence as to the immediate fact of the shooting consisted principally of the dying declaration of the deceased and the testimony of defendant. Defendant was occupying a room in a building owned by his father and occupied by his brother Arthur Meyers, and occasionally by himself. On the evening of the shooting, a dispute arose between the brothers, caused by defendant’s placing his wet boots on some…
1Opinion of the CourtJustice McBride
1. We are of the opinion that the court erred in admitting the testimony of the witness Anderson. Evidence of threats made by defendant against a person subsequently killed by him may be introduced to show deliberation, premeditation, or malice. Wharton, Homicide, § 601, and cases there cited. And threats against a particular class of persons, as, for instance, a threat to kill all policemen, are admissible in a prosecution for killing a member of the *55particular class indicated in the threats. Wharton, Homicide, § 603. In the case at bar it appears that defendant had said, in effect: “If they…
2Cases cited2 opinions
- Earles v. StateCourt of Criminal Appeals of Texas · 1905
- Stevenson v. United StatesCourt of Appeals for the Fifth Circuit · 1898
3Cited by20 opinions
- The People v. ScalisiIllinois Supreme Court · 1926
- State v. AnselmoUtah Supreme Court · 1915
- State v. RaderOregon Supreme Court · 1919
- State v. CatesMontana Supreme Court · 1934
- State v. CraneCourt of Appeals of Oregon · 1980
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