State v. Wilson
Oregon Supreme Court
Appeal from Umatilla County. John Wilson, the appellant, was indicted jointly with George Wilson for the larceny of a steer, alleged to be the property of one Waugh. They were tried separately, and found guilty as charged. A motion for a new trial, upon the grounds stated in the opinion of the court, was interposed and overruled by the court, whereupon this appeal was taken.
1Opinion of the Court
By the Court, Prim, C. J.:
Two grounds of error are presented by appellant upon which he relies for a reversal of the judgment: 1. The insufficiency of the evidence produced at the trial to support the verdict; 2. Error in the instructions of the court to the jury.
The first ground of error we do not regard as being a subject for review by this court, for the reason that it does not involve a question of law, but one purely of fact, which rested in the sound discretion of the court below. Section 245 of the criminal code provides that “ upon an appeal, the judgment or order appealed' from can…
2Cases cited2 opinions
- State v. FitzhughOregon Supreme Court · 1867
- Bowen v. StateOregon Supreme Court · 1859
3Cited by14 opinions
- State v. HillOregon Supreme Court · 1901
- State v. GardnerOregon Supreme Court · 1898
- State v. PowersOregon Supreme Court · 1882
- State v. OpieOregon Supreme Court · 1946
- People v. NunleyCalifornia Supreme Court · 1904
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