Legal Opinion · Dissent

State v. Jones

Oregon Supreme Court

Decided September 8, 1965Published

1DissentPenny, J.

The majority do not meet the question raised by this appeal.

It must be constantly kept in mind that all of the evidence introduced was by the state. Also, it should be noted that the knife used by the defendant was not a pointed knife, but a wide blade ordinary kitchen paring knife.

The question presented is whether or not the state has proved beyond a reasonable doubt that malice aforethought was present when the homicide was committed. In other words, the question before this court is not whether the facts will support a conviction of manslaughter, but will they support a conviction of…

2Cases cited69 opinions

  1. People v. ThomasCalifornia Supreme Court · 1945
  2. People v. HoltCalifornia Supreme Court · 1944
  3. Hurd v. PeopleMichigan Supreme Court · 1872
  4. Bishop v. United StatesCourt of Appeals for the D.C. Circuit · 1939
  5. People v. WellsCalifornia Supreme Court · 1938

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