State v. Goddard

• Decision Date: 08 July 1913
• Citation: 69 Or. 73,133 P. 90
• Parties: STATE v. GODDARD.
• Court: Oregon Supreme Court

133 P. 90

69 Or. 73

STATE v. GODDARD.

Supreme Court of Oregon

July 8, 1913

Appeal from Circuit Court, Multnomah County; J.U. Campbell, Judge.

John B Goddard was convicted of rape, and he appeals. On motion to dismiss appeal. Overruled.

The defendant was indicted for the crime of rape, and upon trial was convicted by a jury who recommended him to the mercy of the court. The court thereupon sentenced him to the penitentiary for a period of 20 years, and in the same judgment paroled him; the parole condition being as follows "The court taking into consideration the recommendation of the jury that the defendant be paroled, it is ordered that the sentence in this cause be suspended, and the defendant is allowed to go at large on parole, on conditions that he will not leave the jurisdiction of this court, and that he will not violate the laws of the United States or of this state or of any municipality in which he may live, and that he will at all times lead an honorable and upright life, and that he shall report in person or writing once a month to the presiding judge of this court his whereabouts with such other and additional information as may be desired or demanded by said judge."

Section 1589, L.O.L., is as follows: "If any prisoner when required shall fail to give such bail, bond, or security, or shall fail to observe all and every of the conditions and requirements of said parole and order of said court, or shall be again convicted of a felony, then said parole shall be by order of said court revoked with or without notice to such prisoner, and said prisoner shall be committed to the penitentiary to serve out the original sentence imposed in the same manner as though said parole had not been granted. The clerk shall deliver to the sheriff a certified copy of the sentence, together with a certificate that such person had been paroled and his parole has been terminated, and the sheriff shall, upon the receipt of such certified copy of sentence, immediately arrest such person and transport and deliver him or her to the warden of the penitentiary, and the time such person shall have been at large upon parole shall not be counted as part of the sentence, but the time of sentence shall be counted from the day of delivery to the warden of the penitentiary."

Nothing appears to indicate that the defendant requested a parole nor is any request or acceptance provided for in section 1586, L.O.L., which is as follows: "When any adult person who has not previously been convicted of a felony shall be convicted in any circuit court of this state of any felony or misdemeanor, the maximum punishment of which does not exceed ten years' imprisonment in the penitentiary or any minor person who has not previously been convicted of a felony shall be convicted in any circuit court of this state of any felony or misdemeanor, the maximum...