State v. Brake
Oregon Supreme Court
From Clackamas: James U. Campbell, Judge. Department 1. George L. Moore and Russell Brake were jointly indicted for the crime of murder in the second degree. The indictment accused Moore and Brake of having killed Harry Dubinsky by beating him on the head and body with “some instruments and weapons” and throwing him into the Willamette River. Moore pleaded guilty and was sentenced to the penitentiary for life.
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From Clackamas: James U. Campbell, Judge. Department 1. George L. Moore and Russell Brake were jointly indicted for the crime of murder in the second degree. The indictment accused Moore and Brake of having killed Harry Dubinsky by beating him on the head and body with “some instruments and weapons” and throwing him into the Willamette River. Moore pleaded guilty and was sentenced to the penitentiary for life. About one month after Moore had been sentenced to the penitentiary, Brake was tried by a jury. The trial resulted in a verdict of guilty of murder in the second degree as charged in the…
1Opinion of the CourtHarris, J.
The appeal presents two questions for decision. It is contended: (1) That the.testimony of the accomplice, Moore, who appeared as a witness for the state, was not sufficiently corroborated; and (2) that reversible error resulted. from the refusal of the trial court to compel the district attorney to deliver to the defendant a “confession” made by Moore.
1, 2. The contention that the corroboration of the accomplice is not sufficient to meet the requirements of the statute makes it necessary to relate the story of the crime as told by the witnesses. But before attempting to examine the evidence,…
2Cases cited17 opinions
- State v. SteevesOregon Supreme Court · 1896
- People v. . BeckerNew York Court of Appeals · 1914
- People v. . BeckerNew York Court of Appeals · 1915
- People v. DavisMichigan Supreme Court · 1884
- Spicer v. StateSupreme Court of Alabama · 1914
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3Cited by57 opinions
- Waterway Terminals Co. v. P. S. Lord Mechanical ContractorsOregon Supreme Court · 1965
- State v. LelandOregon Supreme Court · 1951
- State v. WederskiOregon Supreme Court · 1962
- Battalino v. PeopleSupreme Court of Colorado · 1948
- State v. BassettIdaho Supreme Court · 1963
52 more not listed; retrieve them via the Exa API.