Legal Opinion

State v. Howe

Oregon Supreme Court

Decided April 22, 1895PublishedCited by 27 opinions

Appeal from Jackson: Hiero K. Hanna, Judge. Tbe defendant W. E. Howe, wbo was treasurer of Klamath. County from July sixth, eighteen hundred and ninety-two, to July sixth, eighteen hundred and ninety-four, was, on November fourteenth, eighteen hundred and ninety-four, indicted for the crime of larceny of public money, alleged to have been committed on January twenty-third, eighteen hundred and ninety-three, by converting to his own use the sum of fifty-two dollars of the…

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Appeal from Jackson: Hiero K. Hanna, Judge. Tbe defendant W. E. Howe, wbo was treasurer of Klamath. County from July sixth, eighteen hundred and ninety-two, to July sixth, eighteen hundred and ninety-four, was, on November fourteenth, eighteen hundred and ninety-four, indicted for the crime of larceny of public money, alleged to have been committed on January twenty-third, eighteen hundred and ninety-three, by converting to his own use the sum of fifty-two dollars of the county funds which came into his possession and which he held by virtue of his office. Upon this indictment he was tried…

1Opinion of the Court

Opinion by

Mr. Chief Justice Bean.

*140It is a principle as old as the common law itself, and which has been firmly imbedded in the jurisprudence of nearly every state of the Union by constitutional provision, that “No person shall be put in jeopardy twice for the same offense. ” It is upon this principle that the pleas of former acquittal and of former conviction are allowed in criminal cases. “The right not to be put in jeopardy a second time for the same cause is as sacred as the right of trial by jury, and is guarded with as much care by the common law and by the constitution”: Black, C. J., in…

2Cases cited10 opinions

  1. Morey v. CommonwealthMassachusetts Supreme Judicial Court · 1871
  2. State v. ReinhartOregon Supreme Court · 1895
  3. Edelhoff v. StateWyoming Supreme Court · 1894
  4. State v. O'NeilOregon Supreme Court · 1886
  5. Vowells v. CommonwealthCourt of Appeals of Kentucky · 1885

5 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. State v. BrownOregon Supreme Court · 1972
  2. State v. LaundyOregon Supreme Court · 1922
  3. State v. WoolardOregon Supreme Court · 1971
  4. State v. FinchOregon Supreme Court · 1909
  5. State v. WeitzelOregon Supreme Court · 1937

22 more not listed; retrieve them via the Exa API.

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