State v. Butler
Oregon Supreme Court
From Jackson; Frank M. Calkins, Judge. In Banc. The defendant was indicted and charged with the crime of murder in the second degree. He was tried and convicted of the crime of manslaughter, and received an indeterminate sentence of from one to fifteen years. The killing itself is not denied by the defendant, and^ grew out of the following facts: The defendant was the owner of a tract of land near Eagle Point in Jackson County, which was inclosed by a fence.
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From Jackson; Frank M. Calkins, Judge. In Banc. The defendant was indicted and charged with the crime of murder in the second degree. He was tried and convicted of the crime of manslaughter, and received an indeterminate sentence of from one to fifteen years. The killing itself is not denied by the defendant, and^ grew out of the following facts: The defendant was the owner of a tract of land near Eagle Point in Jackson County, which was inclosed by a fence. For some time prior to the killing, there had been a controversy in the neighborhood over a road running through this tract of land, and…
1DissentBurnett, J.
The defendant was indicted for murder in the second degree, committed by killing Joseph McDonald Stewart. The homicide involved seemed to have resulted from a dispute about laying out a county road through the land of the defendant. The highway in question ran through the defendant’s premises from west to east. The claim of the prosecution is that someone had been laying up a rail, fence across the supposed road on the east and west boundaries of the defendant’s land. It is in evidence that the road *261supervisor had thrown down the fence several times; that each time it was put up, again, and…
2Cases cited68 opinions
- Berry v. StateSupreme Court of Georgia · 1851
- Brown v. SwinefordWisconsin Supreme Court · 1878
- P. J. Willis & Bro. v. McNeillTexas Supreme Court · 1882
- McAdory v. StateSupreme Court of Alabama · 1878
- People v. AikinMichigan Supreme Court · 1887
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