Legal Opinion

State v. La Rose

Oregon Supreme Court

Decided October 19, 1909PublishedCited by 16 opinions

Statement by Mr. Justice McBride. Defendant, Jack La Rose, was convicted .in the circuit court for Multnomah County of the crime of murder in the second degree, committed in the killing of one Hyman Neuman, and appeals to this court. The evidence introduced by the State tended to show the following facts: On the 11th day of May, 1908, defendant entered the second-hand store of one Max Hermann, and asked to be shown some article on sale.

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Statement by Mr. Justice McBride. Defendant, Jack La Rose, was convicted .in the circuit court for Multnomah County of the crime of murder in the second degree, committed in the killing of one Hyman Neuman, and appeals to this court. The evidence introduced by the State tended to show the following facts: On the 11th day of May, 1908, defendant entered the second-hand store of one Max Hermann, and asked to be shown some article on sale. As Hermann turned to procure it, defendant struck him on the head with a rusty iron 'bar wrapped in a newspaper. After striking the blow, defendant escaped…

1Opinion of the CourtJustice McBride

1. At the beginning of this case we are met by the objection that the court erred in admitting evidence of the assaults upon Hermann and Chong. We think the evidence was properly admitted. Three offenses committed in the same locality, each succeeding the other at short intervals, upon persons engaged in selling articles of merchandise of practically the same character, and in substantially the same manner, with the same kind of a weapon, and that, a novel and unusual one, would suggest to the ordinary reasonable mind that they were the offspring of *559the same brain, and were planned and…

2Cases cited3 opinions

  1. State v. O'DonnellOregon Supreme Court · 1900
  2. State v. FinchOregon Supreme Court · 1909
  3. State v. GermainOregon Supreme Court · 1909

3Cited by16 opinions

  1. State v. WillsonOregon Supreme Court · 1925
  2. State v. McClardOregon Supreme Court · 1916
  3. State v. WoolardCourt of Appeals of Oregon · 1970
  4. State v. HowellOregon Supreme Court · 1964
  5. State v. MooreCourt of Appeals of Oregon · 1969

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