O'Kelly v. Territory of Oregon
Oregon Supreme Court
Error to Benton. Nimrod O’Kelly was indicted, tried, convicted of the crime of murder and sentenced to be hung, at a special term of the District Court in Benton County, holden on the 29th day of June, 1852. He sued out a writ of error and supersedeas; and now comes with the record in the case, alleging various errors in the proceedings and judgment of the court below.
1Opinion of the CourtWilliams, C. J.
Error is assigned, in the first place, because the special term was unauthorized by law, and, in support thereof, it is argued as follows: The organic act pro*52vides that the District Court shall be held “ at such times and places as maybe prescribed by law;” but plaintiff in error was tried at a term of the District Court, held at a time appointed by the judge; therefore, the proceedings are void.
The premises are correct; but the conclusion does not follow. The act of Assembly {Gen. Laws, p. 100) requires any one of the district judges to hold a special term, &c.; and the said district judge…
2Cases cited1 opinion
- United States v. LancasterU.S. Circuit Court for the District of Illinois · 1841
3Cited by9 opinions
- State v. BraleyOregon Supreme Court · 1960
- State v. GarrandOregon Supreme Court · 1874
- Durkee v. CarrOregon Supreme Court · 1900
- State v. BroomOregon Supreme Court · 1931
- State v. HibberdOregon Supreme Court · 1927
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