Legal Opinion

State v. Rathie

Oregon Supreme Court

Decided June 28, 1921PublishedCited by 40 opinions

From Umatilla: Gilbert W. Phelps, Judge. In Banc. The defendants were jointly indicted with Neil Hart, Irvin Stoop and Floyd Henderson, for the crime of murder iu the first degree.

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From Umatilla: Gilbert W. Phelps, Judge. In Banc. The defendants were jointly indicted with Neil Hart, Irvin Stoop and Floyd Henderson, for the crime of murder iu the first degree. The indictment charged that: “The said Neil Hart, John L. Ráthie, James Owens, Irvin LeRoy Stoop and Floyd L. Henderson, on the twenty-fifth day of July, A. D. 1920, in the county of Umatilla and State of Oregon, then and there being, did then and there while acting together, unlawfully, feloniously, purposely and of deliberate and premeditated malice, kill one Tillman D. Taylor by shooting him, the said Tillman D.…

1Opinion of the CourtMcBRIDE, J.

The first assignment of error relates to the refusal of the court to grant a change of venue. The defendants presented affidavits tending to show that deceased was a man of exceptionally high character and well regarded in the community, with a wide acquaintance, having been sheriff of the county for many years; that subsequent to the homicide many of the citizens of Pendleton and vicinity joined in a posse to capture defendants and the other persons implicated in the homicide; that when captured and returned to the county jail a large concourse of people gathered at the jail; that their…

2Cases cited24 opinions

  1. State v. MoranOregon Supreme Court · 1887
  2. State v. MorrisOregon Supreme Court · 1917
  3. Multnomah County v. Willamette Towing Co.Oregon Supreme Court · 1907
  4. State v. MegordenOregon Supreme Court · 1907
  5. State ex rel. Dome v. WilcoxSupreme Court of Missouri · 1870

19 more not listed; retrieve them via the Exa API.

3Cited by40 opinions

  1. State v. WagnerOregon Supreme Court · 1988
  2. State v. BrewtonOregon Supreme Court · 1964
  3. State v. BouseOregon Supreme Court · 1953
  4. State v. NunnOregon Supreme Court · 1958
  5. Boyd v. OlcottOregon Supreme Court · 1921

35 more not listed; retrieve them via the Exa API.

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