Legal Opinion

Goodall v. State

Oregon Supreme Court

Decided July 15, 1861PublishedCited by 15 opinions

Error to Clackamas. Goodall was indicted, and convicted in tbe Circuit Court, for tbe murder of one Potts; and tbe case is brought into this court, and stands on errors assigned on bill of exceptions. It appears from tbe evidence reported, that Potts (the deceased) went to tbe bouse of one Aldrich, where Goodall resided. Goodall was absent when Potts arrived. When Goodall came home, be first saw Potts at tbe door of tbe bouse, and at tbe door of Goodall’s private room.

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Error to Clackamas. Goodall was indicted, and convicted in tbe Circuit Court, for tbe murder of one Potts; and tbe case is brought into this court, and stands on errors assigned on bill of exceptions. It appears from tbe evidence reported, that Potts (the deceased) went to tbe bouse of one Aldrich, where Goodall resided. Goodall was absent when Potts arrived. When Goodall came home, be first saw Potts at tbe door of tbe bouse, and at tbe door of Goodall’s private room. Goodall was at a short distance from tbe bouse. Potts was shot with a pistol in two places, tbe balls striking near tbe door.…

1Opinion of the CourtBoise, J.

The dying declaration of the deceased being admitted in evidence, the counsel for the prisoner offered to prove that the deceased was a disbeliever in a future state of rewards and punishments, for the purpose of discrediting his dying declarations. And I am of opinion that such evidence should have been admitted; for this belief, and the anticipation of future retribution, is the only sanction of such declarations. It is supposed- that one impressed with the fear of immediately impending dissolution, and believing that he will soon be called to answer for the truth of his statements to his…

2Cited by15 opinions

  1. State v. CaseyOregon Supreme Court · 1923
  2. State v. DorisOregon Supreme Court · 1908
  3. Reynolds v. Maryland Casualty Co.Supreme Court of Missouri · 1918
  4. State v. WhitneyOregon Supreme Court · 1879
  5. State v. EstabrookOregon Supreme Court · 1939

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