State v. Isenhart
Oregon Supreme Court
From Columbia: Thomas A. McBride, Judge. John W. Isenhart was indicted, tried, and convicted of having committed the crime of adultery with one Mary E. Severn, the wife of Walter Severn.
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From Columbia: Thomas A. McBride, Judge. John W. Isenhart was indicted, tried, and convicted of having committed the crime of adultery with one Mary E. Severn, the wife of Walter Severn. To prove the fact of marriage between Walter and Mary E. Severn, the complaining husband was called as a witness for the state, and, among' other things, testified, in substance, that Mary E. Severn was his wife; that her name before marriage was Mary E. Ewing; that they were married at the St. Charles Hotel, in the City of Portland, Oregon, by Mr. James Summers, on the twenty-eighth day of September, 1891,…
1Opinion of the CourtJustice Wolverton
1. The objection first made is that the court abused its discretion in reopening the cause after the state had rested, and in permitting the introduction of further evidence upon a vital point. The statute prescribes that “the order of proof shall be regulated by the sound discretion of the court”: *173Hill’s Ann. Laws, § 830. This discretion extends to the reopening of a case in either civil or criminal trials at the request of a party, for the purpose of allowing the introduction of additional evidence: 1 Thompson on Trials, § 348; 1 Bishop on Criminal Procedure, § 966; State v. Porter, 26 Mo.…
2Cases cited2 opinions
- State v. AbbeySupreme Court of Vermont · 1856
- State v. PorterSupreme Court of Missouri · 1858
3Cited by8 opinions
- State v. WestonOregon Supreme Court · 1921
- State v. MerloOregon Supreme Court · 1919
- Gillilan v. Portland Crematorium Assn.Oregon Supreme Court · 1926
- State v. ColeOregon Supreme Court · 1968
- State v. WalshSouth Dakota Supreme Court · 1910
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