State v. Garrand
Oregon Supreme Court
Appeal from Marion County. Thomas Garrand was indicted by the grand jury of Marion County, on June 10, 1874, for the crime of murder in the first degree, in killing one Thomas J. Hubbard, on April 12, 1874. - He was tried and convicted, and on June *17 was .sentenced to be hanged August 14, 1874. An appeal was taken to this Court, and the Governor reprieved the defendant until October 2, 1874. The bill of exceptions exhibits the errors complained of.
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Appeal from Marion County. Thomas Garrand was indicted by the grand jury of Marion County, on June 10, 1874, for the crime of murder in the first degree, in killing one Thomas J. Hubbard, on April 12, 1874. - He was tried and convicted, and on June *17 was .sentenced to be hanged August 14, 1874. An appeal was taken to this Court, and the Governor reprieved the defendant until October 2, 1874. The bill of exceptions exhibits the errors complained of. After the defendant had rested his case, the State, to sustain the issues on its part, and as rebutting evidence to the testimony of good…
1Opinion of the Court
By the Court,
McArthur, J.:
It is well settled that in all criminal prosecutions tbe prisoner will be allowed to call witnesses to speak generally as to bis character, and it is equally well 'settled that tbe prosecution cannot in rebuttal enter into particular facts to show tbe general bad character of tbe defendant. Roscoe (Crim. Ev. 98) says that tbe prosecutor cannot *158enter into evidence of the defendant’s bad character, unless the latter enable him to do so by calling witnesses in support of his good character, and even then the prosecutor cannot examine as to particular facts,. Phillips (1…
2Cases cited1 opinion
- Betts v. LockwoodSupreme Court of Connecticut · 1831
3Cited by2 opinions
- Hall v. StateIndiana Supreme Court · 1928
- State v. BakerCourt of Appeals of Oregon · 1987