State v. Cody
Oregon Supreme Court
Appeal from a judgment of conviction of tbe appellant, rendered by tbe circuit court for tbe county of Multnomah, for an alleged crime. Tbe appellant was indicted in said court for feloniously cutting, slitting and mutilating tbe lip of one Joseph Morin. He pleaded not guilty to tbe indictment, was tried thereon by jury, found guilty as charged, and sentenced to imprisonment in tbe penitentiary of tbe State for one year. From which sentence this appeal was taken.
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Appeal from a judgment of conviction of tbe appellant, rendered by tbe circuit court for tbe county of Multnomah, for an alleged crime. Tbe appellant was indicted in said court for feloniously cutting, slitting and mutilating tbe lip of one Joseph Morin. He pleaded not guilty to tbe indictment, was tried thereon by jury, found guilty as charged, and sentenced to imprisonment in tbe penitentiary of tbe State for one year. From which sentence this appeal was taken. Tbe facts of tbe case appear in tbe opinion of tbe court.
1Dissent
Lord, J.,
dissenting.—It will be my effort to submit my views briefly, as they can serve no other purpose than to furnish the reasons for my dissent. The main point upon which the case is decided was suggested in the brief, but not argued, and is to the effect that the evidence does not warrant the verdict, or is insufficient to constitute proof of mayhem. It is based on the theory that the evidence only shows a mutual altercation or quarrel, suddenly developed into a fight, during the heat and excitement of which the defendant bit out a piece of the under lip of one Morin. The opinion admits…
2Cases cited5 opinions
- Cancemi v. . the PeopleNew York Court of Appeals · 1858
- State v. KaufmanSupreme Court of Iowa · 1879
- State v. DrakeOregon Supreme Court · 1884
- O'Kelly v. Territory of OregonOregon Supreme Court · 1853
- State v. StrawSupreme Judicial Court of Maine · 1852