In re Clark
Oregon Supreme Court
Original proceedings in Supreme Court. Statement by’Mb. Justice Benson. Albin L. Clark commenced a mandamus proceeding in this court to require John P. Kavanaugh, Judge of the Circuit Court of the State of Oregon, for the county of Multnomah, Department No. 1, to sign an order dismissing an indictment. A demurrer to the answer overruled and writ dismissed.
1Opinion
Denied February 23, 1916.
On Petition for Rehearing.
(155 Pac. 187.)
Mr. Wilson T. Hume, for the petition.
Mr. George M. Brown, Attorney General, and Mr. Walter H. Evans, District Attorney, contra.
In Banc.
2Opinion of the CourtJustice Burnett
In a skillfully argued petition for rehearing it is pressed upon our attention that it was the mandatory *329duty of the Circuit Court to dismiss the indictment on the motion of the district attorney accompanied by his reasons therefor; and, further, that if this court should adhere to its opinion that the matter was within the discretion of the Circuit Court, nevertheless it was an abuse of that…
3Cases cited4 opinions
- Ex parte ChaseSupreme Court of Alabama · 1869
- State v. RosenbergOregon Supreme Court · 1914
- In re Von KleinOregon Supreme Court · 1913
- Kelly v. StateSupreme Court of Alabama · 1875