Portland v. Erickson
Oregon Supreme Court
From Multnomah: Melvin C. G-boro-e, Judge. Criminal action by the City of Portland against August Erickson. From a judgment of the circuit court on a writ of review setting aside a judgment of acquittal by the municipal court, defendant appeals.
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From Multnomah: Melvin C. G-boro-e, Judge. Criminal action by the City of Portland against August Erickson. From a judgment of the circuit court on a writ of review setting aside a judgment of acquittal by the municipal court, defendant appeals. A prosecution for a violation of a municipal ordinance is not such a criminal action that the constitution of the state prevents the city from having a writ to review the wrongful discharge of the defendant by the municipal court, where the record shows that the municipal court exceeded its jurisdiction in so discharging the defendant, and the facts…
1Opinion of the CourtJustice Wolverton
1. This is an appeal from the judgment of the circuit court upon a writ of review to the municipal court of the City of Portland, whereby a judgment of acquittal in *6favor of the defendant upon a charge of violating Ordinance No. 7133 of said city was reversed and set aside, and the cause remanded, with directions to the municipal court to adjudge that he be fined or imprisoned under said ordinance. The facts were essentially stipulated in the municipal court, and upon these the defendant was adjudged not guilty. It is alleged in the petition for the writ that the judgment was so rendered…
2Cases cited7 opinions
- United States v. SangesSupreme Court of the United States · 1892
- Wong v. City of AstoriaOregon Supreme Court · 1886
- State v. JonesSupreme Court of Georgia · 1849
- People v. MinerIllinois Supreme Court · 1893
- Village of Northville v. WestfallMichigan Supreme Court · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Brown v. Multnomah County District CourtOregon Supreme Court · 1977
- Batson v. State Ex Rel. DavisSupreme Court of Alabama · 1927
- State v. BrunnWashington Supreme Court · 1945
- City of Portland v. StevensOregon Supreme Court · 1946
- State v. MayesOregon Supreme Court · 1966
19 more not listed; retrieve them via the Exa API.