State Ex Rel. Redden v. Davis

The issue in this case is whether, after a verdict of "guilty” in a criminal case has been ordered received and filed, 1 the trial judge is empowered to order the indictment dismissed because he finds that the evidence presented upon trial was insufficient to sustain a conviction of the crime charged in the indictment.

In this exercise of original jurisdiction, Or Const. Art. VII (Amended), § 2, we directed the issue of an alternative writ of mandamus commanding the trial judge to vacate the order of dismissal and to enter a judgment of conviction or to show cause why he had not done as…