Legal Opinion

State v. Anderson

Oregon Supreme Court

Decided April 27, 1909PublishedCited by 6 opinions

From Multnomah: Earl C. Bronaugh, Judge. Statement by Mr. Justice King. Defendant was convicted of murder in the first degree, and from a judgment thereon prosecutes this appeal.

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From Multnomah: Earl C. Bronaugh, Judge. Statement by Mr. Justice King. Defendant was convicted of murder in the first degree, and from a judgment thereon prosecutes this appeal. The charging part of the information is as follows: “The said Joe Anderson, alias Joe Bets, on the 24th day of October, A. D. 1907, in the county of Multnomah and State of Oregon, then and there being, did then and there unlawfully, feloniously, purposely, and of his deliberate and premeditated malice, kill one Harry M. Logan, by then and there unlawfully, feloniously, purposely, and of his deliberate and…

1Opinion of the CourtJustice King

1. We are first confronted with the question: Is there sufficient testimony in the record to bring the accused *483within the charge under which he was tried; that is, has the State proved that he killed the decedent maliciously, premeditatedly, and with deliberation? It is urged in this connection that defendant was not indicted for killing any one while attempting to commit a felony, and, without the proof with reference to the attempted robbery, the testimony is insufficient to prove either deliberation or malice, and that therefore his conviction of any higher offense than manslaughter is…

2Cases cited7 opinions

  1. State v. AndersonOregon Supreme Court · 1882
  2. State v. WillisSupreme Court of Connecticut · 1898
  3. State v. KingUtah Supreme Court · 1902
  4. Rayburn v. StateSupreme Court of Arkansas · 1901
  5. State v. CarverOregon Supreme Court · 1892

2 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. State v. CaseyOregon Supreme Court · 1923
  2. Brown v. StateDistrict Court of Appeal of Florida · 1981
  3. Peyton v. EllysonSupreme Court of Virginia · 1966
  4. State v. ClarkMissouri Court of Appeals · 1990
  5. State v. ReyesOregon Supreme Court · 1957

1 more not listed; retrieve them via the Exa API.

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