Legal Opinion

State v. Deal

Oregon Supreme Court

Decided November 3, 1902PublishedCited by 2 opinions

From Union : Robert Eakin, Judge. Defendant R. W. Deal was tried upon an indictment for the crime of larceny of a gelding, and, being convicted, appeals from the judgment ensuing. He interposed two pleas, viz., not guilty, and former conviction for the same offense.

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From Union : Robert Eakin, Judge. Defendant R. W. Deal was tried upon an indictment for the crime of larceny of a gelding, and, being convicted, appeals from the judgment ensuing. He interposed two pleas, viz., not guilty, and former conviction for the same offense. The state, in support of the charge, introduced evidence tending to show that in 1901 Charles Rowland was the owner of a certain brown or dark bay gelding, four years old, bi’anded J D on the left shoulder, then being at Evans’ livery stable; that he owned it since it was a suckling colt; that in September, 1901, the defendant…

1Opinion of the CourtJustice Wolverton

1. The first question presented for our consideration is whether the trial court was in error in permitting the state to cross-examine the defendant, while a witness in his own behalf, touching what he may have testified to in his examination in a case wherein he was tried for larceny of a gelding at the preceding October term of the court, and, if so, whether the error was injurious or harmless in view of the whole record. The form of the question propounded by the prosecution would seem to indicate that it was for the purpose of impeaching the defendant as a witness in his own behalf, and…

2Cases cited5 opinions

  1. State v. SaundersOregon Supreme Court · 1886
  2. Williams v. StateSupreme Court of Alabama · 1875
  3. Belt v. StateSupreme Court of Georgia · 1897
  4. Sayres v. StateSupreme Court of Alabama · 1857
  5. State v. DealOregon Supreme Court · 1902

3Cited by2 opinions

  1. State v. MerloOregon Supreme Court · 1919
  2. Service v. Sumpter Valley Ry. Co.Oregon Supreme Court · 1918

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