State v. Olds
Oregon Supreme Court
Appeal from Multnomah county: L. B. Stearns, judge. This is an appeal from a second conviction of the appellant for the crime of murder in the first degree; the first conviction having been reversed by this court at the October term, 1889. State v. Olds, 18 Or. 440, S. 0. Rep. 940. The cause being remanded to the circuit court, the district attorney moved to again set it for trial; whereupon it was so set for February 12, 1890. The order setting it for trial at this time…
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Appeal from Multnomah county: L. B. Stearns, judge. This is an appeal from a second conviction of the appellant for the crime of murder in the first degree; the first conviction having been reversed by this court at the October term, 1889. State v. Olds, 18 Or. 440, S. 0. Rep. 940. The cause being remanded to the circuit court, the district attorney moved to again set it for trial; whereupon it was so set for February 12, 1890. The order setting it for trial at this time recites that it was done by consent of the parties; but on the seventh day of February preceding the date at which the…
1Opinion of the Court
Thayer, O. J.,
delivered the opinion of the court.
This is the second time this case has been here; and the circumstances attending the second trial, and the whole affair, indeed, has been of such a character as to greatly embarrass the court in its determination of the questions involved. This court has no authority to review the determination of trial courts upon questions of fact where the evidence is conflicting; but it has authority to look into a case where there has been a criminal conviction, in order to ascertain whether there is evidence to support the conviction, and to ascertain…
2Cases cited2 opinions
- State v. CodyOregon Supreme Court · 1890
- State v. HunsakerOregon Supreme Court · 1888
3Cited by14 opinions
- State Ex Rel. Ricco v. BiggsOregon Supreme Court · 1953
- State v. Foot YouOregon Supreme Court · 1893
- State v. SmithOregon Supreme Court · 1903
- Commonwealth v. GibsonSupreme Court of Pennsylvania · 1923
- State v. ButlerOregon Supreme Court · 1919
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