Legal Opinion

State v. Pomeroy

Oregon Supreme Court

Decided November 9, 1896PublishedCited by 41 opinions

From Washington: Thos. A. McBride, Judge. Calvin Pomeroy was indicted and convicted in Washington County on a charge of buying, receiving, concealing, and attempting to conceal stolen property.

Read the full summary

From Washington: Thos. A. McBride, Judge. Calvin Pomeroy was indicted and convicted in Washington County on a charge of buying, receiving, concealing, and attempting to conceal stolen property. The errors assigned are: First, the denial of the motion for a change of venue; second, the refusal of the court to instruct the jury that there had not been sufficient evidence produced to sustain a conviction, and to direct them to return a verdict of not guilty; and, third, the giving and refusing to give certain other instructions.

1Opinion of the Court

Opinion by

Mr. Justice Wolverton.

1. The motion for a change of venue is based upon the affidavits of the defendant and his counsel, which show, in substance, that at different times prior to the commission of the alleged offense charged in the indictment three sons of the defendant had been convicted of petit larceny committed within the county; that subsequent to such convictions there had been a great number of similar crimes committed therein; that a great many people, with*18out any knowledge on the subject, or touching the identity of the offenders, did not hesitate to publicly assert that…

2Cases cited30 opinions

  1. McMinn v. WhelanCalifornia Supreme Court · 1865
  2. People v. YoakumCalifornia Supreme Court · 1879
  3. State v. ClementsOregon Supreme Court · 1887
  4. Commonwealth v. CunninghamMassachusetts Supreme Judicial Court · 1870
  5. State v. GlahnSupreme Court of Missouri · 1888

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

3Cited by41 opinions

  1. Wertheimer & Goldberg v. StateIndiana Supreme Court · 1929
  2. State v. OsborneOregon Supreme Court · 1909
  3. State v. WeltyWashington Supreme Court · 1911
  4. Bramwell v. RowlandOregon Supreme Court · 1927
  5. State v. SavageOregon Supreme Court · 1900

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API