Legal Opinion

State v. Walton

Oregon Supreme Court

Decided February 2, 1909Published

From Multnomah: John B. Cleland, Judge. Statement by Me. Justice Bean. On September 12, 1904, an information was filed in the circuit court for Multnomah County, signed “John Manning, District Attorney, by G. C. Moser, Deputy,” charging the defendant, Charles W. Walton, with the crime of assault with a dangerous weapon. On the next day he was duly arraigned and took time to plead. On the 16th he demurred to the information, which demurrer was overruled on the 5th of October.

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From Multnomah: John B. Cleland, Judge. Statement by Me. Justice Bean. On September 12, 1904, an information was filed in the circuit court for Multnomah County, signed “John Manning, District Attorney, by G. C. Moser, Deputy,” charging the defendant, Charles W. Walton, with the crime of assault with a dangerous weapon. On the next day he was duly arraigned and took time to plead. On the 16th he demurred to the information, which demurrer was overruled on the 5th of October. On the 21st of October he was put on trial, wthout havng pleaded to the. indictment, and was convicted and sentenced to…

1Opinion

Decided April 30, 1909.

On Petition for Rehearing.

[101 Pac. 889.]

2Per curiam

11. The effect of Section 11, Article I, of the Constitution, and Sections 814, 817, 1402, B. & C. Comp., on the .general rule that the testimony of a witness, ' deceased or out of the State, given on a former trial, is competent on a subsequent trial between the same parties, and relating to the same matter, was, we think, sufficiently considered in the former opinion. As was there said, the constitution and the statutory provisions referred to have relation to the manner-in which the testimony in a criminal trial is to be…

3Cases cited11 opinions

  1. State v. . PetersSupreme Court of North Carolina · 1890
  2. State v. WaltonOregon Supreme Court · 1907
  3. Maynard v. PeopleIllinois Supreme Court · 1890
  4. State v. LewisSupreme Court of Kansas · 1872
  5. Morford v. Territory of OklahomaSupreme Court of Oklahoma · 1901

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