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…
1Opinion of the CourtBennett, J.
Thlere are about 25 assignments of error, referring chiefly to the rulings of the court as to the introduction of evidence and the instructions given and refused.
1. It appears, however, from the record that the defendant was arraigned and filed a demurrer to the indictment and that he afterward entered a plea of not guilty and went to trial. The original record did not show affirmatively what disposition was made of the demurrer. The defendant now urges this as a fatal defect in the trial proceedings, but it is a very technical contention and, we think, is without merit.
The case of State v.…
2Cases cited29 opinions
- State v. HawkinsOregon Supreme Court · 1890
- State v. SaundersOregon Supreme Court · 1886
- State v. FarnamOregon Supreme Court · 1916
- Rogers v. StateSupreme Court of Arkansas · 1894
- Brownell v. PeopleMichigan Supreme Court · 1878
24 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- State v. MarshOregon Supreme Court · 1971
- State v. HarrisOregon Supreme Court · 1965
- State v. RussellUtah Supreme Court · 1944
- State v. NortinOregon Supreme Court · 1942
- State v. CharlesOregon Supreme Court · 1982
8 more not listed; retrieve them via the Exa API.