State of Oregon v. Blount, Sr.

I concur in the opinion written by Mr. Justice Lusk.

The original majority opinion stated that § 13-715, OCLA, is a part of our civil code and that it does not empower courts to formulate rules governing the trial of criminal charges. The specially concurring opinion of the Chief Justice cited State v. Chase, 106 Or 263, 211 P 920, as a precedent, showing that the power conferred by § 13-715 can be employed in criminal cases.

The power given to the courts by § 13-715 was not exercised in the Chase case in the making of a rule applicable to criminal cases only, but in its routine operation for…