Legal Opinion

State v. Evans

Oregon Supreme Court

Decided October 19, 1920Published

From Jackson: Frank M. Calkins, Judge. Department 1. The defendant was convicted of the crime of assault and robbery being armed with a dangerous weapon, and has appealed.

1Opinion

Petition eor Rehearing.

(193 Pac. 927.)

The State, as respondent, files petition for rehearing. Rehearing Denied.

Mr. I. E. Van Winkle, Attorney General, and Mr. G. M. Roberts, District Attorney for Jackson County, for the petition.

Mr. Gus Newbury, contra.

HARRIS, J.

The state has petitioned for a rehearing. It is contended that an order denying a motion for a new trial is not appealable, cannot be assigned as error and cannot be reviewed by this court; and in support of this contention the state cites State v. Pender, 72 Or. 94, 108 (142 Pac. 615), *237and State v. Frasier, 94 Or. 90, 107 (180 Pac.…

2Cases cited43 opinions

  1. Kearney v. SnodgrassOregon Supreme Court · 1885
  2. State v. Foot YouOregon Supreme Court · 1893
  3. State v. MagersOregon Supreme Court · 1899
  4. Giachetta v. MarquamOregon Supreme Court · 1893
  5. State v. ClementsOregon Supreme Court · 1887

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