Ex parte Foster
Oregon Supreme Court
Prom Marion: William: Galloway, Judge. In Banc. Statement by Me. Justice Buenett. The petitioner, Prank Poster, was convicted in the Circuit Court of Douglas County on his plea of guilty of the crime of assault and robbery, being armed with a dangerous weapon.
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Prom Marion: William: Galloway, Judge. In Banc. Statement by Me. Justice Buenett. The petitioner, Prank Poster, was convicted in the Circuit Court of Douglas County on his plea of guilty of the crime of assault and robbery, being armed with a dangerous weapon. It was thereupon “ordered and adjudged by the court that the said Frank Foster be confined in the penitentiary of the State of Oregon at Salem, and there kept a prisoner for an indeterminate sentence, as provided by law for said crime. * * ” Having been incarcerated in the penitentiary on this sentence, the prisoner sued out a writ of…
1Opinion of the CourtJustice Burnett
1. The record shows that the defendant was indicted for the crime mentioned in December, 1911, and that he was sentenced January 9, 1912. The penalty provided for the felony in question is imprisonment in the penitentiary for a period of not less than ten years or during the natural life of such person so convicted; provided, however, that the minimum punishment shall be exercised only in those cases where in the judgment of the court leniency should be shown. Section 1920, *321L. O. L. It is prescribed in Section 1592, L. O. L., as amended by Laws of 1911, page 173, as follows:
“Whenever any…
2Cases cited23 opinions
- NielsenSupreme Court of the United States · 1889
- In Re BonnerSupreme Court of the United States · 1894
- People Ex Rel. Tweed v. . LiscombNew York Court of Appeals · 1875
- In Re SwanSupreme Court of the United States · 1893
- Ex parte MooneyWest Virginia Supreme Court · 1885
18 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Huffman v. AlexanderOregon Supreme Court · 1952
- Barker v. IrelandOregon Supreme Court · 1964
- Landreth v. GladdenOregon Supreme Court · 1958
- Smallman v. GladdenOregon Supreme Court · 1955
- Kelley v. MeyersOregon Supreme Court · 1928
17 more not listed; retrieve them via the Exa API.