State v. Walton
Oregon Supreme Court
From Multnomah: John B. Cleland, Judge. Statement by Me. Justice Bean. On September 12, 1904, an information was filed in the circuit court for Multnomah County, signed “John Manning, District Attorney, by G. C. Moser, Deputy,” charging the defendant, Charles W. Walton, with the crime of assault with a dangerous weapon. On the next day he was duly arraigned and took time to plead. On the 16th he demurred to the information, which demurrer was overruled on the 5th of October.
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From Multnomah: John B. Cleland, Judge. Statement by Me. Justice Bean. On September 12, 1904, an information was filed in the circuit court for Multnomah County, signed “John Manning, District Attorney, by G. C. Moser, Deputy,” charging the defendant, Charles W. Walton, with the crime of assault with a dangerous weapon. On the next day he was duly arraigned and took time to plead. On the 16th he demurred to the information, which demurrer was overruled on the 5th of October. On the 21st of October he was put on trial, wthout havng pleaded to the. indictment, and was convicted and sentenced to…
1Opinion of the CourtJustice Bean
1. The motion to set aside the information was properly overruled. It was not made until after a demurrer had been interposed and overruled,' and therefore came too late. State v. Smith, 33 Or. 483 (55 Pac. 534); State v. McElvain, 35 Or. 365 (58 Pac. 525). And, moreover, it was without merit.
2. The office of prosecuting attorney is provided for, and its duties defined, in part, by Section 17, Article VII, of the Constitution of Oregon. The office therefore cannot be abolished or the constitutional duties thereof abridged by the legislature.
3. There is nothing, however, in the constitution…
2Cases cited18 opinions
- Mattox v. United StatesSupreme Court of the United States · 1895
- Sparf v. United StatesSupreme Court of the United States · 1895
- State v. ReinhartOregon Supreme Court · 1895
- Marler v. StateSupreme Court of Alabama · 1880
- State v. McO'BlenisSupreme Court of Missouri · 1857
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3Cited by35 opinions
- Straw v. HarrisOregon Supreme Court · 1909
- State Ex Rel. Gladden v. LonerganOregon Supreme Court · 1954
- Warren v. StateCourt of Criminal Appeals of Oklahoma · 1911
- State v. SmythOregon Supreme Court · 1979
- Robertson v. StateCourt of Criminal Appeals of Texas · 1911
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