State v. Bertschinger
Oregon Supreme Court
From Multnomah: John P. Kavanatjgh, Judge. Department 2. On June 1, 1917, the defendant was indicted by the grand jury of Multnomah County for the crime of manslaughter in the commission of an abortion upon a Mrs. Oswald.
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From Multnomah: John P. Kavanatjgh, Judge. Department 2. On June 1, 1917, the defendant was indicted by the grand jury of Multnomah County for the crime of manslaughter in the commission of an abortion upon a Mrs. Oswald. The defendant entered a plea of not guilty and the case was set for trial on September 12, 1917. A few days previous to that date the district attorney and defendant’s counsel made an oral agreement that the trial of the case should be postponed until the October term, 1917. Nothing more was done and the case was finally set for hearing on December 14,1917. Defendant’s…
1Opinion of the CourtJohns, J.
This case is the usual result of oral stipulations between counsel about which the court is not consulted and which it has not approved, and of the setting of trial without ample notice to opposing counsel. Yet we are convinced that the office of the district attorney acted in good faith and that any apparent delay in the trial of the case was not through the fault of that office. The record shows that the real cause of the delay was the congested condition of the trial docket and that this case was actually set for trial on the first open date.
While the defendant’s motion to have the…
2Cited by18 opinions
- State v. JohnsonOregon Supreme Court · 2005
- State of Oregon v. KuhnhausenOregon Supreme Court · 1954
- State v. BatehamOregon Supreme Court · 1919
- State v. GoldsteinOregon Supreme Court · 1924
- State v. LeeOregon Supreme Court · 1924
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