In re Von Klein
Oregon Supreme Court
Department 1. Original proceeding in Supreme Court. Statement by Mr. Chief Justice McBride. This is an original proceeding by E. E. C. Yon Klein, for a writ of mandamus directed to the Circuit Court for the county of Multnomah, department No. 1. The writ recites the following facts: On June'13, 1913, petitioner was indicted by the grand jury of Multnomah County for the crime of larceny, and upon the 8th day of July following another indictment was returned, charging him with…
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Department 1. Original proceeding in Supreme Court. Statement by Mr. Chief Justice McBride. This is an original proceeding by E. E. C. Yon Klein, for a writ of mandamus directed to the Circuit Court for the county of Multnomah, department No. 1. The writ recites the following facts: On June'13, 1913, petitioner was indicted by the grand jury of Multnomah County for the crime of larceny, and upon the 8th day of July following another indictment was returned, charging him with the crime of polygamy. Upon the first indictment petitioner pleaded not guilty, and the cause was set for trial on July…
1Opinion of the Court
Opinion by
Mr. Chief Justice McBride.
Section 1701, L. O. L., is as follows: “If a defendant indicted for a crime, whose trial has not been post*300poned upon Ms application or by Ms consent, be not brought to trial at the next term of court in which the indictment is triable, after it is found, the court must order the indictment to be dismissed, unless good cause to the contrary be shown.” Section 1606 provides that an appeal may be taken from an order refusing to dismiss the indictment for the causes specified in Section 1701. Section 613, L. O. L., provides inter alia: “The writ (of mandamus)…
2Cases cited8 opinions
- Matter of FordCalifornia Supreme Court · 1911
- State ex rel. City of Milwaukee v. LudwigWisconsin Supreme Court · 1900
- Ford v. Superior CourtCalifornia Court of Appeal · 1911
- Strong v. GrantCalifornia Supreme Court · 1893
- State ex rel. Harris v. District CourtMontana Supreme Court · 1902
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State v. JacksonOregon Supreme Court · 1961
- State v. BatehamOregon Supreme Court · 1919
- State v. ChapinOregon Supreme Court · 1914
- Burke ex rel. Burke v. BeveridgeOregon Supreme Court · 1924
- In re ClarkOregon Supreme Court · 1916
6 more not listed; retrieve them via the Exa API.