State v. Ausplund
| Citation | 171 P. 395,87 Or. 649 |
| Parties | STATE v. AUSPLUND. |
| Decision Date | 12 March 1918 |
| Court | Supreme Court of Oregon |
Department 1.
Appeal from Circuit Court, Multnomah County; John P. Kavanaugh, Judge.
On petition for rehearing. Rehearing denied.
For former opinion, see 167 P. 1019.
J. F. Logan, of Portland (Logan & Smith and J. J. Fitzgerald, all of Portland, on the brief), for appellant.
C. C. Hindman, of Portland, for the State.
Counsel for defendant has presented an exceedingly vigorous argument for a rehearing, based upon the contention that affidavits of jurors offered for the purpose of impeaching their verdict ought to be considered by the court upon a motion for a new trial. However, nothing is said therein that has not had very serious consideration of this court upon several occasions, and yet we have not been able to arrive at a conclusion which would reverse the doctrine announced in Cline v. Broy, 1 Or. 89, and consistently followed ever since. Nothing can be added at this time to the original opinion herein, to which we adhere. The petition is denied.
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State v. Gardner
...down into the amount which the jury allocated for each item); State v. Ausplund, 86 Or. 121, 167 P. 1019 (1917), rehearing denied 87 Or. 649, 171 P. 395 (1918) (in trial for manslaughter committed while producing an abortion, juror's affidavit indicated that one juror had told other juror t......
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Parmentier v. Ransom
......Under the state of the pleadings, the defendants' strong showing of the absence of fog may be regarded as unexpected evidence, to meet which, in our opinion, the ...Cline v. Broy, 1 Or. 89; State v. Ausplund......
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State v. Wilson
...may not be received to impeach their verdict. Cline v. Broy, 1 Or. 89; State v. Ausplund, 86 Or. 121, 167 P. 1019; on rehearing, 87 Or. 649, 171 P. 395; State v. McKiel, 122 Or. 504, 259 P. 917; Winters v. Bisaillon, 152 Or. 578, 54 P. (2d) 1169, and authorities therein cited. No error was ......