Legal Opinion

State v. Deal

Oregon Supreme Court

Decided November 3, 1902PublishedCited by 5 opinions

From Union: Eobert Eakin, Judge. The defendant E. W. Deal was tried, eon-victed, and sentenced by judgment of the trial court for the crime of larceny by stealing a gelding, the property of one Charles Eowland. There was evidence introduced at the trial tending to show that the horse was brown in color, branded J D on the the left shoulder, about four years old, having white hind feet, and a cut or bruised knee.

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From Union: Eobert Eakin, Judge. The defendant E. W. Deal was tried, eon-victed, and sentenced by judgment of the trial court for the crime of larceny by stealing a gelding, the property of one Charles Eowland. There was evidence introduced at the trial tending to show that the horse was brown in color, branded J D on the the left shoulder, about four years old, having white hind feet, and a cut or bruised knee. Charles Eowland, a witness for the state, testified in effect, that he was the owner of the animal; that he traded for it, when a yearling, with Eddie Masterson; that he never sold or…

1Opinion of the CourtJustice Wolverton

The foregoing statement presents the only alleged errors relied upon for reversal. They involve but a single question, namely, was there a proper foundation laid for the impeachment of the prosecuting witness, Rowland? If there was, as respects either of the witnesses Brewer or Hopper, there was error for which a new trial should be awarded, and of this we will now inquire. Preliminarily, it is insisted that the subject-matter of inquiry is wholly irrelevant and immaterial to any issue in the case, and could not, therefore, form a basis for impeachment.

*4411. It is legally true that, when a matter…

2Cases cited4 opinions

  1. State v. BartmessOregon Supreme Court · 1898
  2. Sheppard v. YocumOregon Supreme Court · 1882
  3. Josephi v. FurnishOregon Supreme Court · 1895
  4. State v. WelchOregon Supreme Court · 1898

3Cited by5 opinions

  1. State v. NortinOregon Supreme Court · 1942
  2. State v. GrayOregon Supreme Court · 1904
  3. Hilbert v. Spokane International RailroadIdaho Supreme Court · 1911
  4. State v. DealOregon Supreme Court · 1902
  5. State v. PatrickOregon Supreme Court · 1929

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