Legal Opinion

State v. Ellsworth

Oregon Supreme Court

Decided December 21, 1896PublishedCited by 28 opinions

From Multnomah: Thos. A. Stephens, Judge. Appellant W. E. Ellsworth was on the 20th day of February, 1895, indicted by the grand jury of Multnomah County for the crime of murder, by administering to his wife, Edith Ellsworth, strychnine. To this indictment he pleaded not guilty; a trial was had which resulted in a disagreement of the jury, and afterwards a second trial was had, when the jury returned a verdict of guilty of manslaughter.

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From Multnomah: Thos. A. Stephens, Judge. Appellant W. E. Ellsworth was on the 20th day of February, 1895, indicted by the grand jury of Multnomah County for the crime of murder, by administering to his wife, Edith Ellsworth, strychnine. To this indictment he pleaded not guilty; a trial was had which resulted in a disagreement of the jury, and afterwards a second trial was had, when the jury returned a verdict of guilty of manslaughter. The record shows that the defense was based wholly on scientific propositions, and the evidence was therefore largely of a scientific nature. The deceased was…

1Opinion of the Court

Opinion by

Mr. Chief Justice Moore.

1. The record discloses that at the trial, one Frank C. Middleton, a newspaper reporter, being called as a witness by and having given material evidence for the state, testified on cross-examination that he had talked considerably about the case; that he had a very decided opinion about it, and had expressed such opinion to others; and, referring to counsel for defendant, said: “I have expressed it to you, Mr. Leasure, and also to Mr. Sears.” Mr. Leasure, for the purpose of showing the bias of the witness, asked him the following questions: “Do you remember…

2Cases cited19 opinions

  1. People v. . HarrisNew York Court of Appeals · 1893
  2. State v. BrownOregon Supreme Court · 1879
  3. State v. MillainNevada Supreme Court · 1867
  4. McMeen v. CommonwealthSupreme Court of Pennsylvania · 1887
  5. People v. BealobaCalifornia Supreme Court · 1861

14 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. State v. FarnamOregon Supreme Court · 1916
  2. State v. HolbrookOregon Supreme Court · 1920
  3. State v. HarrisOregon Supreme Court · 1965
  4. State v. WestonOregon Supreme Court · 1921
  5. State v. WilsonOregon Supreme Court · 1948

23 more not listed; retrieve them via the Exa API.

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