Legal Opinion

State v. Bruce

Oregon Supreme Court

Decided December 15, 1873PublishedCited by 11 opinions

Appeal from Multnomah County. The indictment is as follows: “Robert Bruce is accused, by the grand jury of the county of Multnomah, by this indictment, of the crime of voting illegally, committed as follows: “The said Robert Bruce, on the 13th day of October, A. D. 1873, in the county of Multnomah and State of Oregon, in the precinct of East Portland, in said county and State, did willfully, knowingly and unlawfully, vote at a legally authorized election, then and there…

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Appeal from Multnomah County. The indictment is as follows: “Robert Bruce is accused, by the grand jury of the county of Multnomah, by this indictment, of the crime of voting illegally, committed as follows: “The said Robert Bruce, on the 13th day of October, A. D. 1873, in the county of Multnomah and State of Oregon, in the precinct of East Portland, in said county and State, did willfully, knowingly and unlawfully, vote at a legally authorized election, then and there being held for the purpose of electing a representative to the Congress of the United States, he, the said Robert Bruce,…

1Opinion of the Court

By the Court,

Bonham, J.:

It is claimed by counsel for appellant in this case:

*701. That the facts charged in the indictment do not constitute a crime.

2. That there was a fatal variance between the evidence adduced by the State and tbe allegations of the indictment.

8. That the court erred in admitting irrelevant testimony tending to show that defendant voted at places in Multnomah County, on October 13, other than Bast Portland precinct.

These three propositions embrace all the questions necessary to be considered in this case, inasmuch as the other objection, that the verdict of the jury was…

2Cited by11 opinions

  1. Gaines v. StateSupreme Court of Alabama · 1906
  2. State v. LeeOregon Supreme Court · 1899
  3. State v. EstabrookOregon Supreme Court · 1939
  4. State v. HajiOregon Supreme Court · 2020
  5. State v. MackOregon Supreme Court · 1891

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