Bowen v. State
Oregon Supreme Court
Error to Jackson. An indictment, alleging that on a day certain a mortal wound was inflicted, which did not allege the death upon a particular day, when found and presented, within one year from the time of giving such wound, is sufficiently correct under the statute. George M. Bowen was convicted of murder in the first degree, at the Circuit Court of Josephine County.
1Opinion of the CourtBoise, J.
Several grounds of error are relied on by the counsel for the plaintiff to reverse the judgment, which we will consider separately.
“ 1st. It is urged that the court below erred in overruling the motion for a new trial.”' As to this point, it is sufficient to say, that it has been judicially decided, by the late Supreme Court of the territory of Oregon, that the overruling of a motion for new trial cannot be alleged as error. It is therefore not now regarded as an open question; but as the reásons for the decision referred to are not recorded, it is deemed expedient to state them at this time.
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2Cited by12 opinions
- Commonwealth v. LaddSupreme Court of Pennsylvania · 1960
- Elliott v. MillsCourt of Criminal Appeals of Oklahoma · 1959
- State v. WilliamsNevada Supreme Court · 1909
- Head v. StateCourt of Appeals of Georgia · 1943
- Alderson v. StateIndiana Supreme Court · 1924
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