Legal Opinion

State v. Brown

Oregon Supreme Court

Decided December 15, 1873PublishedCited by 8 opinions

Appeal from Lane County. This cause came on to be heard in this Court upon a motion to dismiss the appeal made by the respondent’s counsel, for the reason that the transcript exhibits no judgment made and entered in the court below, and for the further reason that the notice of appeal has not been served as by law required.

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Appeal from Lane County. This cause came on to be heard in this Court upon a motion to dismiss the appeal made by the respondent’s counsel, for the reason that the transcript exhibits no judgment made and entered in the court below, and for the further reason that the notice of appeal has not been served as by law required. The return upon the notice of appeal is as follows; “I hereby certify that I served the within notice of appeal upon J. A. Stratton, the attorney for the within named defendant, and upon Joel Ware, clerk of said Circuit Court, on the 7th day of February, 1873, in Lane…

1Opinion of the Court

By the Court,

McArthur, J.:

The record shows that Brown, the respondent, was indicted in the Circuit Court of the State of Oregon for the County of Lane, on December 10, 1872, for the crime of larceny in a *120shop. He was duly arraigned, and after arraignment his counsel filed a general demurrer to the indictment, which, after argument of counsel and due consideration by the court, was sustained, and the following entry in relation thereto was made in the journal of said court: “At this time the demurrer filed in this cause by defendant’s attorney, J. A. Stratton, Esq., and argued on the 11th…

2Cited by8 opinions

  1. State v. CloranOregon Supreme Court · 1963
  2. Giant Powder Co. v. Oregon Western Ry. Co.Oregon Supreme Court · 1909
  3. Basche v. PringleOregon Supreme Court · 1891
  4. State v. GarrettOregon Supreme Court · 1961
  5. Wolfer v. HurstOregon Supreme Court · 1905

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