State v. Kelliher
Oregon Supreme Court
From Marion: George H. Burnett, Judge. Statement by Mr. Justice Eakin. Appellant, A. T. Kelliher, is accused by an information jointly with H. H. Turner, with the forgery of a certain instrument in writing, viz., a deed, by signing the name of G. I. Bice to an assignment to this appellant • of a certificate of sale of ■school lands, issued by the State Land Board to G. I. Bice, such assignment being executed and acknowledged in the same manner as a deed to real estate.
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From Marion: George H. Burnett, Judge. Statement by Mr. Justice Eakin. Appellant, A. T. Kelliher, is accused by an information jointly with H. H. Turner, with the forgery of a certain instrument in writing, viz., a deed, by signing the name of G. I. Bice to an assignment to this appellant • of a certificate of sale of ■school lands, issued by the State Land Board to G. I. Bice, such assignment being executed and acknowledged in the same manner as a deed to real estate. This appellant was tried alone, and, upon conviction, brings this appeal. The instrument alleged to have been forged is in…
1Opinion of the CourtJustice Eakin
Appellant filed a motion to quash the information for the reasons, in substance: (1) That the names of the witnesses examined by the district attorney are not indorsed on the information; (2) that the information is based on evidence of other witnesses than the one indorsed thereon; (3) that West, whose name is indorsed, had no knowledge of the facts upon which the information is based; and (4) that there was no legal evidence before the district attorney to sustain the charge, and the motion was based wholly upon matter disclosed by affidavits.
*801. Section 1284, B. & C. Comp., provides:
“The…
2Cases cited16 opinions
- People v. SeamanMichigan Supreme Court · 1895
- Farris v. PeopleIllinois Supreme Court · 1889
- State v. O'DonnellOregon Supreme Court · 1900
- People v. WhitemanCalifornia Supreme Court · 1896
- Commonwealth v. FerriganSupreme Court of Pennsylvania · 1863
11 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- State v. BroadhurstOregon Supreme Court · 1948
- Lyman v. StateCourt of Appeals of Maryland · 1920
- State v. ChanceNew Mexico Supreme Court · 1923
- State v. McDonaldOregon Supreme Court · 1961
- State v. WillsonOregon Supreme Court · 1925
14 more not listed; retrieve them via the Exa API.