Legal Opinion
State v. Hamilton
Oregon Supreme Court
Decided May 23, 1916PublishedCited by 6 opinions
From Union: John W. Knowles, Judge. In Bane. Statement by Mr. Justice Benson. In February, 1916, Will Hamilton was indicted upon a charge of illegally selling intoxicating liquor on January 24,1916. On February 14,1916, he was tried by a jury, who returned a verdict of acquittal. Under the provisions of Section 34, Chapter 141, of the Laws of 1915, plaintiff appeals. No Final Order Made.
1Opinion of the CourtJustice Benson
The prohibition law enacted by the legislature in 1915 contains in Section 34 thereof the following provision:
*564“An appeal to the Supreme Court may be taken by the state from the judgment or order of the Circuit Court in all cases arising under this act, upon a judgment for the defendant quashing the indictment, or upon a judgment of acquittal entered on a verdict, whether ordered by the court or otherwise, for the purpose of determining questions of law, but not for the purpose of obtaining a new trial; but nothing in this section contained shall be construed to abridge any right of appeal^…
2Cases cited2 opinions
- State v. KlineOregon Supreme Court · 1907
- State v. FisherOregon Supreme Court · 1908
3Cited by6 opinions
- State v. CorinblitNevada Supreme Court · 1956
- State v. WakefieldOregon Supreme Court · 1924
- Hall v. JohnsonOregon Supreme Court · 1917
- State v. GaylorCourt of Appeals of Oregon · 1973
- State v. YardeOregon Supreme Court · 1927
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