Legal Opinion

State v. Buckley

Oregon Supreme Court

Decided December 10, 1889PublishedCited by 11 opinions

Appeal from the circuit court for Multnomah county. The defendant was indicted and convicted of the crime of perjury, and sentenced to the penitentiary for five years, from which judgment he has appealed to this court.

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Appeal from the circuit court for Multnomah county. The defendant was indicted and convicted of the crime of perjury, and sentenced to the penitentiary for five years, from which judgment he has appealed to this court. It appears from the record that in a certain proceeding had before A. H. Tanner, police judge of tbe city of Portland, and acting magistrate, one Brown was examined upon a charge of being armed with a dangerous weapon, and of assaulting the appellant with such weapon, and upon such examination the appellant was sworn as a witness on the part of the State, and testified that he…

1Opinion of the CourtStkahan, J.

It will be seen from the foregoing statement that the defendant was convicted of the crime of perjury on proof of his own contradictory statements in reference to the same transaction, made on several occasions when he was not under oath, and finally when he was examined as a witness in the police court. When he was not under oath he made statements to the police officers of the city of Portland tending to show that one Brown had made a felonious assault upon him with a knife; but, when the charge against Brown was examined in the police court, and the defendant was sworn aDd examined as a…

2Cases cited2 opinions

  1. United States v. WoodSupreme Court of the United States · 1840
  2. People v. BurdenNew York Supreme Court · 1850

3Cited by11 opinions

  1. State v. HunterSupreme Court of Missouri · 1904
  2. Commonwealth v. BradleySuperior Court of Pennsylvania · 1933
  3. Erickson v. StateArizona Supreme Court · 1912
  4. State v. WoolleySupreme Court of Vermont · 1937
  5. Billingsley v. StateCourt of Criminal Appeals of Texas · 1906

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