State v. Stilwell
Oregon Supreme Court
From Umatilla: Dalton Biggs, Judge. In Banc. This is an appeal from an order overruling defendant’s motion to dismiss an indictment against him. The facts are as follows: On October 7, 1919, defendant was indicted by the grand jury of Union County for the crime of perjury and on December 20th. was arraigned and entered his plea of not guilty.
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From Umatilla: Dalton Biggs, Judge. In Banc. This is an appeal from an order overruling defendant’s motion to dismiss an indictment against him. The facts are as follows: On October 7, 1919, defendant was indicted by the grand jury of Union County for the crime of perjury and on December 20th. was arraigned and entered his plea of not guilty. The case went over until the succeeding term of court, which began on the first Monday in February, 1920, and during that term the case was set for trial on March 22, 1920. On March 10th the defendant filed a motion for continuance, which was denied. On…
1Opinion of the CourtMcBRIDE, J.
While a reading of Section 45-1, supra, might seem at first glance to authorize the court to grant a change of venue in any case where *640an affidavit of prejudice is filed, the authorities seem to hold the contrary doctrine, and particularly the Supreme Court of the State of Washington, from the laws of which state the section quoted was copied: State v. Superior Court, 88 Wash. 344 (153 Pac. 7); State v. Superior Court, 88 Wash. 669 (153 Pac. 1078); State v. Superior Court, 106 Wash. 507 (180 Pac. 481).
1, 2. When a statute is copied from the laws of another state it is usually assumed that it…
2Cases cited3 opinions
- State ex rel. Dunham v. Superior CourtWashington Supreme Court · 1919
- State ex rel. Howard v. Superior CourtWashington Supreme Court · 1915
- State ex rel. O'Phelan v. Superior CourtWashington Supreme Court · 1915
3Cited by15 opinions
- U'ren v. BagleyOregon Supreme Court · 1926
- State v. ChadwickOregon Supreme Court · 1935
- Alyea v. StateIndiana Supreme Court · 1926
- State v. NagelOregon Supreme Court · 1948
- State v. CrosbyOregon Supreme Court · 1959
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