State v. Luper
Oregon Supreme Court
From Marion: George H. Burnett, Judge. Statement by Mr. Chibe Justice Bean. T. J. Luper appeals from a conviction of perjury. In July, 1906, the defendant commenced a suit for divorce against his wife, Lizzie R. Luper, in Department No. 2 of the circuit court for Marion County, alleging that she deserted him in 1904 without cause or provocation and against his will and consent, and had continued her desertion ever since.
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From Marion: George H. Burnett, Judge. Statement by Mr. Chibe Justice Bean. T. J. Luper appeals from a conviction of perjury. In July, 1906, the defendant commenced a suit for divorce against his wife, Lizzie R. Luper, in Department No. 2 of the circuit court for Marion County, alleging that she deserted him in 1904 without cause or provocation and against his will and consent, and had continued her desertion ever since. Service of summons was had upon her by publication, and, as she did not appear within the time required, her default was regularly entered, and after trial a decree of…
1Opinion of the Court
Opinion by
Mr. Chief Justice Bean.
1. There was no abuse of discretion in denying the motion for a continuance. The application therefor did not set out a single fact to entitle defendant to a postponement. Its manifest purpose was to secure a delay until the decree theretofore *607granted in the divorce suit could be set aside, and the relation of husband and wife between defendant and Mrs. Luper restored, thus disqualifying her from testifying against him in the criminal action without his consent. Certainly such a state of facts did not entitle him to a continuance as a matter of right. Whether…
2Cases cited4 opinions
- Mitchell v. BrombergerNevada Supreme Court · 1866
- Shepherd v. CommonwealthCourt of Appeals of Kentucky · 1905
- State v. McGrathOregon Supreme Court · 1899
- Rochester City Bank v. Suydam, Sage & Co.New York Supreme Court · 1851
3Cited by8 opinions
- Pugsley v. SmythOregon Supreme Court · 1921
- State v. NelsonOregon Supreme Court · 1939
- State v. SerranoOregon Supreme Court · 2009
- Portland & O. C. Ry. Co. v. SandersOregon Supreme Court · 1917
- State v. SuttlesCourt of Appeals of Oregon · 1978
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