State v. Harris
Oregon Supreme Court
From Tillamook: George R. Bagley, Judge. In Banc. The defendant was tried and convicted before a jury in the Justice’s Court of Tillamook County, for the crime of unlawful possession of intoxicating liquor. The complaint charged that the defendant did “willfully and unlawfully have in his possession a bottle containing intoxicating liquor contrary to the statute,” etc.
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From Tillamook: George R. Bagley, Judge. In Banc. The defendant was tried and convicted before a jury in the Justice’s Court of Tillamook County, for the crime of unlawful possession of intoxicating liquor. The complaint charged that the defendant did “willfully and unlawfully have in his possession a bottle containing intoxicating liquor contrary to the statute,” etc. On March 14, 1921, defendant entered a plea of not guilty, and was admitted to hail and “discharged from custody.” On that date a jury was drawn, and the trial set for March 16, 1921. On the last date the district attorney…
1Opinion of the CourtBean, J.
1. The first assignment of error is that the defendant should have been discharged upon his motion for'the reason of the continuance of the cause for more than one day in the Justice’s Court, under Section 2430, which enacts as follows:
“When the defendant is in custody, a postponement of the trial granted upon the application of the plaintiff for a longer period than one day discharges the defendant from arrest, and in such case the justice must indorse upon the writ of arrest, ‘The defendant is discharged from custody upon the within process,’ and sign the same with his name and office.”
This…
2Cases cited11 opinions
- Wong v. City of AstoriaOregon Supreme Court · 1886
- State v. NeaseOregon Supreme Court · 1905
- State v. HardingWashington Supreme Court · 1919
- State v. BrownOregon Supreme Court · 1914
- Bell v. StateCourt of Criminal Appeals of Texas · 1911
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State v. JacksonOregon Supreme Court · 1961
- State of Oregon v. KuhnhausenOregon Supreme Court · 1954
- In Re RashIdaho Supreme Court · 1943
- State v. GriebelMontana Supreme Court · 1922
- State v. EvansOregon Supreme Court · 1967
6 more not listed; retrieve them via the Exa API.