Legal Opinion

State v. Wiley

Oregon Supreme Court

Decided September 15, 1871PublishedCited by 4 opinions

Appeal from Multnomah County. The Grand Jury of Multnomah County indicted Robert Wiley for the crime of perjury, alleged to have been committed on his examination as a witness on the trial of a cause in the .Police Court, in the city - of Portland, before Hon. D. C. Lewis, Police Judge, in which the State of Oregon was plaintiff and Joseph Perry and Caroline Wilson were defendants, they being then and there charged with and tried for the crime of assault and battery.

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Appeal from Multnomah County. The Grand Jury of Multnomah County indicted Robert Wiley for the crime of perjury, alleged to have been committed on his examination as a witness on the trial of a cause in the .Police Court, in the city - of Portland, before Hon. D. C. Lewis, Police Judge, in which the State of Oregon was plaintiff and Joseph Perry and Caroline Wilson were defendants, they being then and there charged with and tried for the crime of assault and battery. On said indictment Wiley was tried in the Circuit Court of the State of Oregon for the County of Multnomah. Upon the trial, the…

1Opinion of the Court

By the Court,

McArthur, J.:

The principal question to be decided in this case is, whether or not the Police Judge of the city of Portland —a municipal corporation—has any legal authority to act in the capacity of a Justice of the Peace, and as such, to try criminal actions and administer the necessary oath to *186the witnesses therein. The jurisdiction of the Police Judge is defined in §§ 155, 156 and 157, p. 130-1 of the Laws of Oregon, 1870, which provide as follows:

“Sec. 155. The Police Judge has jurisdiction of all crimes defined by any ordinance of the city of Portland, and of all actions…

2Cases cited3 opinions

  1. Gibbons v. OgdenSupreme Court of the United States · 1824
  2. Mayor of New York v. MilnSupreme Court of the United States · 1837
  3. People ex rel. Attorney General v. HillCalifornia Supreme Court · 1857

3Cited by4 opinions

  1. Clemmensen v. PetersonOregon Supreme Court · 1899
  2. Grayson v. StateOregon Supreme Court · 1968
  3. Parker v. Hood RiverOregon Supreme Court · 1916
  4. Barton v. Recorder's CourtOregon Supreme Court · 1911

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