# Chandler v. State

> Oregon Supreme Court · April 18, 1962 · 230 Or. 452

URL: https://www.frixlaw.com/law-library/cases/9619959

## Case

- **Full name:** In the Matter of Lauryne Chandler, a Child CHANDLER v. STATE OF OREGON
- **Court:** Oregon Supreme Court
- **Decided:** April 18, 1962
- **Citations:** 230 Or. 452; 370 P.2d 626; 1962 Ore. LEXIS 311
- **Precedential status:** Published
- **Opinion:** Dissent by MoALLISTER
- **Judges:** Moallister, McAllister, Warner, Sloan, O'Connell
- **Cited by:** 27 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9619959

## Opinion text

MoALLISTER., C. J.,
dissenting in part.
I dissent from that portion of the majority opinion which holds that the trial court did not err in refusing to allow the father to call his child as a witness and to examine her in open court. This flouts our holding in Kreutzer v. Kreutzer, 226 Or 158 , 359 P2d 536 , in which we held that in view of the express provisions of ORS 44.020 and 44.030, the trial court cannot refuse to permit minor children to testify if they are qualified under the statutes. It may be, as stated by the majority, that discretion should be vested in the trial court to determine whether a child should be permitted to testify in a given case, but if so such authority must come by a change in the statute. This court has no authority to amend the statute by judicial fiat.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9619959. Public record. Not legal advice.