State v. Chandler
Oregon Supreme Court
From Union: JOHN W. KNOWLES, Judge. Statement by Mr. Justice McBride. The defendant, Orley Chandler, was indicted by the grand jury of Union County for the crime of perjury. On the trial, Frank Parker, an inmate of the State penitentiary, was produced by the State as a witness, and gave evidence material to the prosecution.
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From Union: JOHN W. KNOWLES, Judge. Statement by Mr. Justice McBride. The defendant, Orley Chandler, was indicted by the grand jury of Union County for the crime of perjury. On the trial, Frank Parker, an inmate of the State penitentiary, was produced by the State as a witness, and gave evidence material to the prosecution. On cross-examination he was asked the following questions and made the following answers: “Q. How long have you been serving time down at Salem in the penitentiary? “A. I have been there ten months — very near it. “Q. And your term was two years? “A. Yes. “Q. You have some…
1Opinion of the CourtJustice McBride
1. The failure to give the third instruction was prejudicial error. The letter received in evidence tended to show that the witness Parker had offered to swear that Roy Halley had nothing to do with the burglary, which was inconsistent with his testimony on the trial of the case at bar that defendant, Halley, and himself had committed it. Section 864, L. O. L. It does not appear that the writing was shown to witness while on the stand; but its execution was fully proved, and the State waived this requirement by failing to object on that ground, and, indeed, to- object at all.
2. Instruction 4…
2Cited by1 opinion
- State v. BowersOregon Supreme Court · 1962