State v. Morrow
| Decision Date | 01 March 1938 |
| Citation | 158 Or. 412,76 P.2d 971 |
| Parties | STATE v. MORROW. |
| Court | Oregon Supreme Court |
Department 1.
Appeal from Circuit Court, Multnomah County; John P. Winter, Judge.
On petition for rehearing.
Petition denied.
For original opinion, see 75 P.2d 737.
T. Walter Gillard, of Portland (William P. Lord, of Portland, on the brief), for appellant.
Albert M. Hodler, Deputy Dist. Atty., of Portland (James R. Bain Dist. Atty., of Portland, on the brief), for respondent.
The defendant's petition for a rehearing presents two contentions: (1) If the filiation proceeding judgment was not admissible as a plea of former jeopardy, or as res adjudicata and therefore a bar, yet it was prima facie evidence of the defendant's innocence and should have been received; and (2) the fact that L. L. Low, sheriff of Klamath county, was permitted to answer yes to a question concerning the general reputation of the prosecutrix should have been deemed by us reversible error.
In support of the first of these two contentions the defendant cites Eagle, Star & British Dominions Insurance Co. v. Heller, 149 Va. 82, 140 S.E. 314, 57 A.L.R. 490, and Schindler v. Royal Insurance Co., 258 N.Y. 310, 179 N.E. 711, 80 A.L.R. 1142. Each of these was an action upon a fire insurance policy which named the plaintiff as the insured. In each instance the civil action had been preceded by a criminal action in which the plaintiff, as the defendant, had been convicted. In the Virginia case he was found guilty of willfully burning the property mentioned in the policy of insurance with intention of injuring the company. In the New York case he was found guilty of presenting to the insurance company false and fraudulent proof of loss. In the Virginia case the court held that the judgment of conviction was admissible in evidence as an absolute bar to the plaintiff maintaining the civil action. The New York decision held that the judgment of conviction was admissible for its probative value, but not as a bar. It was deemed presumptive proof of the commission of the crime.
It will be observed that each of these decisions was concerned with a judgment of conviction. Our court has twice spoken concerning the admissibility of a judgment of guilt entered upon a plea of guilty, Spain v. Oregon-Washington R. & N. Co., 78 Or. 355, 153 P. 470, Ann.Cas.1917E, 1104; Meyers v Dillon, 39 Or. 581, 65 P. 867, 66 P. 814; and in McLean v. Sanders, 143 Or. 524, 23 P.2d 321 recognized a broader rule. In it the judgment of guilt was entered, not upon a plea of guilty, but after trial. In the first two Oregon decisions the judgment of guilt, although based upon a plea of guilty, was held merely probative; in the third, it was...
To continue reading
Request your trial
-
State v. Sax, 34891
...party, see State ex rel. Burghart v. Haslebacher, 125 Or. 389, 393, 266 P. 900, 902; State v. Morrow, 158 Or. 412, 430, 75 P.2d 737, 744, 76 P.2d 971. The case of Waterloo v. People ex rel. Schreiber, 170 Ill. 488, 48 N.E. 1054, holds that the release by the justice of the peace of a defend......
-
State v. Gardner
...that he concurred in the verdict only because of 'pressure' from the other jurors); State v. Morrow, 158 Or. 412, 75 P.2d 737, 76 P.2d 971 (1938) (osteopath-juror stated that it was her professional opinion that defendant was father of a child in prosecution for statutory rape); Winters v. ......
-
State v. Thompson
...decision directly in point, prior decisions dealing with related issues are instructive. In State v. Morrow, 158 Or. 412, 75 P.2d 737, 76 P.2d 971 (1938), our Supreme Court held that a filiation proceeding in which defendant was charged with being the father of a child did not place defenda......
-
Commissioner of Welfare of City of New York v. Jones
...518, 50 N.E.2d 648). The same has been squarely held in Oregon (State v. Morrow, 158 Or. 412, 75 P.2d 737 (1938), rehearing denied, 158 Or. 412, 76 P.2d 971) and Wisconsin (State ex rel. Mahnke v. Kablitz, 217 Wis. 231, 258 N.W. 840 (1935)). In Hoff, supra, the Appellate Division, Second De......