State v. Jones
Oregon Supreme Court
Appeal, from the circuit court for Multnomah county. This proceeding commenced in the justice court of South Portland precinct, in Multnomah county, by the filing of a complaint charging the defendant with the crime of unlawfully giving away, to one Theodore Davis, morphine in the form of pills, without a prescription for the same from a physician or a regularly qualified pharmacist.
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Appeal, from the circuit court for Multnomah county. This proceeding commenced in the justice court of South Portland precinct, in Multnomah county, by the filing of a complaint charging the defendant with the crime of unlawfully giving away, to one Theodore Davis, morphine in the form of pills, without a prescription for the same from a physician or a regularly qualified pharmacist. A trial before the justice resulted in his conviction, and a fine was imposed of §50. From this judgment the defendant appealed to the circuit court, where the trial resulted the same as in the court below, from…
1Opinion of the CourtStrahan, J.
1. Section 2164, Hill’s Code, confers upon the circuit court the same authority to allow an amendment of the pleadings on an appeal in a criminal action that it has on appeal in a civil action; and the only limitation on the power of the court to allow amendments in civil actions on appeal is, that no new item or cause of action not embraced or intended to be included in the original account of statement shall be added by such amendment; and further, that by such amendment substantial justice will be promoted. Hill’s Code, section 2180. In allowing this amendment the court did not exceed its…
2Cited by10 opinions
- State v. TamlerOregon Supreme Court · 1890
- State v. PomeroyOregon Supreme Court · 1896
- State v. FiesterOregon Supreme Court · 1897
- State v. EppersOregon Supreme Court · 1931
- State v. PowellOregon Supreme Court · 1958
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