Legal Opinion

State v. Miller

Oregon Supreme Court

Decided December 21, 1903PublishedCited by 37 opinions

From Harney: Morton D. Clifford, Judge. The defendants George S. Miller and James Colwell were jointly indicted with Bert Bailey for the murder of Joseph Warren Curtis, and convicted of murder in the second degree ; Bailey having been discharged from the indictment' during the progress of the trial.

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From Harney: Morton D. Clifford, Judge. The defendants George S. Miller and James Colwell were jointly indicted with Bert Bailey for the murder of Joseph Warren Curtis, and convicted of murder in the second degree ; Bailey having been discharged from the indictment' during the progress of the trial. Briefly, there was evidence tending to show that shortly prior to the homicide Curtis had driven off the range a number of horses (among them a mare and colt claimed by defendant Miller), and at the time had the colt in a corral upon his premises; that, on being advised of the fact by his…

1Opinion of the CourtJustice Wolverton

1. At the trial, three photographs of the deceased, showing the gunshot wounds, were offered and admitted in evidence over the objection of defendants. This constitutes one of the assignments of error. One of the photographs shows shot wounds on the upper part of the left breast, about the shoulder clavicle, and neck; and the other two portray numerous wounds of the same nature upon the back and left side. The purpose of introducing them was to show thereby the number of shots discharged upon the person, and that two of them took effect from the side or rear, in order to discredit Miller’s…

2Cases cited18 opinions

  1. Baxter v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1899
  2. Blair v. Inhabitants of PelhamMassachusetts Supreme Judicial Court · 1875
  3. State v. SaundersOregon Supreme Court · 1886
  4. State v. MoreyOregon Supreme Court · 1894
  5. People v. RozelleCalifornia Supreme Court · 1888

13 more not listed; retrieve them via the Exa API.

3Cited by37 opinions

  1. People v. RogersCalifornia Supreme Court · 1912
  2. State v. FinchOregon Supreme Court · 1909
  3. State v. DorisOregon Supreme Court · 1908
  4. State v. HendersonOregon Supreme Court · 1947
  5. Godvig v. LopezOregon Supreme Court · 1949

32 more not listed; retrieve them via the Exa API.

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