State of Oregon v. Berry and Walker

This is a motion by the defendant Thomas Gr. Walker to dismiss an appeal taken by the state from a judgment of acquittal in a criminal action.

The defendant was indicted jointly with Richard L. Berry for a violation of Oregon Laws 1941, ch 439 § 3 (now ORS 163.090, as amended by Oregon Laws 1953, ch 676), which defines the crime of “negligent homicide”, and was tried separately. Before the completion of the state’s case in chief his counsel interposed the following motion:

“MR. BERNARD: May it please your Honor, at this time the defendant will object to the introduction of any further evidence…