State v. Lewis
| Decision Date | 10 February 1925 |
| Citation | 232 P. 1013,113 Or. 359 |
| Parties | STATE v. LEWIS. |
| Court | Oregon Supreme Court |
In Banc.
Appeal from Circuit Court, Multnomah County; Louis P. Hewitt, Judge.
On rehearing. Former opinion adhered to.
For former opinion, see 230 P. 543.
C. M. Idleman, of Portland, for appellant.
Jay H. Stockman, Deputy Dist. Atty., of Portland (Stanley Myers, Dist. Atty., of Portland, on the brief), for the State.
The opinion heretofore rendered in this case, State v. Lewis, 230 P. 543, seems to cover every point in this case, and we find no reason to withdraw from our assent to the conclusions therein reached.
Upon the argument on rehearing counsel laid considerable stress upon section 103, Or. L., which is to the effect that the court may, "in its discretion, and upon such terms as may be just, at any time within one year after notice thereof, relieve a party from a judgment, order, or other proceeding taken against him through his mistake, inadvertence, surprise, or excusable neglect." But this section applies to civil cases and has no relation to criminal matters.
We adhere to our former opinion.
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State v. Colgrove
...convictions based on guilty pleas." Id. (describing State v. Lewis , 113 Or. 359, 230 P. 543 (1924), adh'd to on reh'g , 113 Or. 359, 232 P. 1013 (1925) ). "[T]he effect of a guilty plea [was] to admit the facts as charged in the indictment; but that [did] not preclude a defendant who [had]......
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State v. Clevenger
...138.050 was first enacted in 1945. Or.Laws 1945, ch. 62, § 1. 8 This court had earlier decided State v. Lewis, 113 Or. 359, 230 P. 543, 232 P. 1013 (1925). Defendant had appealed from a judgment on a conviction on a plea of guilty, assigning as error the denial of his motion after judgment ......
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State v. Cloutier
...and sentenced.” Lord's Oregon Laws, title XVIII, ch. XI, § 1592 (1910). In State v. Lewis, 113 Or. 359, 230 P. 543, on reh'g, 113 Or. 359, 232 P. 1013 (1925), this court first addressed the authority of an appellate court to review a sentence imposed under the indeterminate sentencing laws ......
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Carter v. Moberly
...of law, he will be reversed by this court and the case will be remanded for a new trial. State v. Lewis, 113 Or. 359, 364, 230 P. 543, 232 P. 1013 (1924). See also Yundt v. D & D Bowl, Inc., 259 Or. 247, 486 P.2d 553 In this case the record is clear from statements by the trial judge in con......