State v. Brown
Oregon Supreme Court
Appeal from Douglas: J. C. Fullerton, Judge. The defendant Samuel G. Brown having been indicted, tried for, and convicted of, the crime of murder in the fir;it degree, by shooting and killing William Alfred Kincaid, in Douglas County, moved for a new trial, which was denied, and he was sentenced to be hanged.
Read the full summary
Appeal from Douglas: J. C. Fullerton, Judge. The defendant Samuel G. Brown having been indicted, tried for, and convicted of, the crime of murder in the fir;it degree, by shooting and killing William Alfred Kincaid, in Douglas County, moved for a new trial, which was denied, and he was sentenced to be hanged. From this judgment he appeals, and assigns as error the denial of a motion to set aside the indictment; the refusal to sustain challenges submitted to trial jurors; the admission of improper evidence; and the giving and refusal of certain instructions. The record discloses that the…
1Opinion of the Court
Opinion by
Mr. Justice Moore.
1. Without attempting to discuss the proposition/" contended for, but treating the facts stated in the affidavit as admitted, we shall examine the grand juror’s competency as a question of law. In the formation of the grand jury, the statute, in general terms, provides that from a list containing the names of two hundred persons made from the last preceding assessment roll of the county by the county court, denominated the jury list, (Hill’s Code, §§ 952-956,) thirty-one names shall be drawn, (section 958,) from which number so selected and in attendance upon the…
2Cases cited6 opinions
- State v. SaundersOregon Supreme Court · 1886
- State v. MoreyOregon Supreme Court · 1894
- McManus v. StateSupreme Court of Alabama · 1860
- People v. VasquezCalifornia Supreme Court · 1875
- Kumli v. Southern Pacific Co.Oregon Supreme Court · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- State v. McDanielOregon Supreme Court · 1901
- State v. SteevesOregon Supreme Court · 1896
- State v. WestonOregon Supreme Court · 1921
- State v. SavageOregon Supreme Court · 1900
- State v. SmithOregon Supreme Court · 1903
22 more not listed; retrieve them via the Exa API.