Legal Opinion

State v. Tarter

Oregon Supreme Court

Decided June 28, 1894PublishedCited by 20 opinions

Appeal from Union: Morton D. Clifford, Judge. The defendant, Daniel Tarter, was indicted for the crime of murder in the first degree, and, upon being tried before a jury, was found guilty of the crime of manslaughter, and sentenced to the penitentiary for the period of twelve years.

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Appeal from Union: Morton D. Clifford, Judge. The defendant, Daniel Tarter, was indicted for the crime of murder in the first degree, and, upon being tried before a jury, was found guilty of the crime of manslaughter, and sentenced to the penitentiary for the period of twelve years. From this judgment the defendant has appealed, assigning numerous errors committed by the court below in admitting testimony, in giving certain instructions to the jury, and in refusing to give certain other instructions asked by him. The assignments of error from sixteen to twenty-three, inclusive, relate to the…

1Opinion of the Court

Opinion by

Mr. Chief Justice Lord.

1. There seems to have been an impression with the trial court, as to the admissibility of evidence of threats, that there is a difference between threats directly and those indirectly made against life. Threats are regarded as indicative of intention, and evidence of them is not to be rejected in proper cases because they are couched in' innuendo, vague boast, or obscure language. But we think it is clear that the trial court excluded what was said in these conversations, wherein it was proposed to show that the deceased had indirectly threatened the life of…

2Cases cited1 opinion

  1. State v. MoreyOregon Supreme Court · 1894

3Cited by20 opinions

  1. State v. MegordenOregon Supreme Court · 1907
  2. State v. DorisOregon Supreme Court · 1908
  3. State v. SmithOregon Supreme Court · 1903
  4. Smitson v. Southern Pacific Co.Oregon Supreme Court · 1900
  5. State v. RaderOregon Supreme Court · 1919

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