Opinion

State v. Folkes

  • 174 Or. 568
  • 150 P.2d 17
  • 1944 Ore. LEXIS 45
Court
Oregon Supreme Court
Filed
Mar 1, 1944
Status
Published
Author
Belt
On the bench
Bband, Bossman, Bailey, Belt, Rossman, Kelly, Lusk, Brand, Hay
Cited by
37 cases

capital case; court's instructions cured any error in permitting jury to hear evidence of other misconduct by the defendant

How later courts described this case

  • capital case; court's instructions cured any error in permitting jury to hear evidence of other misconduct by the defendant

Written by the judges who cited it.

The opinion

BELT, J.,

specially concurring:

That the defendant cut the throat of this young woman when she resisted his attempt to rape her is established beyond reasonable doubt. There is only one reasonable deduction to be drawn from the evidence and that is the guilt of the defendant. There is not a scintilla of evidence challenging the truth of the confessions. Neither is there any evidence tending to show that such confessions were not freely and voluntarily made.

Furthermore, aside from the written statements introduced as confessions, there is uncontradicted testimony of witnesses of unquestioned integrity that defendant orally confessed to them the commission of this fiendish and brutal crime.

I agree that technical error was committed in receiving the transcript of confessions in evidence, but I fail to see wherein the rights of the defendant were prejudiced. It is not every technical error that warrants a reversal. If there were the slightest doubt about.his guilt, I would unhesitatingly concur in a reversal of the judgment of conviction but, since there is none, it should be affirmed.

Defendant had a fair and impartial trial. It is true that he was not, under the Constitution, obliged to take the stand and tell what he knew about the case — as

*622

any innocent man would Ibe glad to do — but he should not be permitted to remain mute and then, when convicted, urge technicalities to escape the consequences of a just verdict.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.