Appellant was charged with murder in the first degree.
To determine the merit of this challenge, the statute must be viewed in its relation to other relevant Oregon law and in its place in the trial of this case. On August 30 defendant's counsel served on the district attorney a notice of his intention to show in evidence that he was insane and mentally defective at the time of the commission of the alleged crime. Since the defendant's counsel do not advise us in what particular the opening statement or the conduct of the trial would have been different had they been permitted to inspect the confession, we are not required to speculate upon this claim, or to assume some prejudice to the defendant's case that has not been disclosed. We think the charge to the jury was as clear as instructions to juries ordinarily are or reasonably can be, and, with respect to the State's burden of proof upon all the elements of the crime, the charge was particularly emphatic.
It is suggested that the jury were charged not merely in conformity with this requirement of Oregon law but also in various general terms, as to the duty of the State to prove every element of the crime charged beyond a reasonable doubt, including in the case of first degree murder, "premeditation, deliberation, malice and intent."
In connection with the assignments of error just *631 disposed of we may discuss the defendant's contention that the court erred in permitting Dr. Vinton D. Sneeden to testify, over the objection of defendant's counsel, in unnecessary detail concerning the cause of death of Thelma Taylor.
The possibility of pardon or parole, purely speculative, should not enter into the jury's deliberations, and was irrelevant on the voir dire examination.
The indictment was returned August 18, 1949. MR. JUSTICE FRANKFURTER, joined by MR. JUSTICE BLACK, dissenting. An important safeguard against such merely individual judgment is an alert deference to the judgment of the state court under review."
With them on the brief was George Neuner, Attorney General of Oregon. Judge Cardozo's discussion of the subject shows that, while at common law the power of the criminal courts to compel production of documents admissible in evidence is denied, "Later cases exhibit a more conciliatory tendency where the document is one that may be received as an exhibit." 159. Inevitably, the legal tests for determining the mental state on which criminal culpability is to be based are in strong conflict in our forty-eight States.
Oregon statutes required him to prove his insanity beyond a reasonable doubt and made a "morbid propensity" no defense. The court overruled the objection, and the witness answered in the negative.
It is not now claimed that the defendant was unable to obtain any evidence, otherwise available, because the postponement requested was denied. Rep. 220, 123 S.W. These were the clothing worn by the murdered girl, a billfold and its contents taken from the pocket of the "levis" she wore at the time that she was killed, and a photograph of the girl's body taken in the morgue after her clothes had been removed. While there is an evident distinction between these two rules as to the quantum of proof required, we see no practical difference of such magnitude as to be significant in determining the constitutional question we face here.
Sodeman v. The King, [1936] W. N. 190 (P. C.); see Woolmington v. Director of Public Prosecutions, [1935] A. C. 462, 475.
* Enter a valid Journal (must On re-direct examination the district attorney asked: Counsel for the defendant objected on the grounds that the question called for the conclusion of the witness and was not a proper hypothetical question because it did not include all the facts of the case.
227, 230, 96 P. 1067, 132 Am.
In Leland v. Oregon, the U.S. Supreme Court held that a state rule requiring the defendant to prove insanity beyond a reasonable doubt did not violate the due process clause of the Fourteenth Amendment.
They are closely akin, however, to such rules, for they govern and define the remedies whereby evidence is made available." This conclusion is buttressed by the absence of any assignment of error on this ground in appellant's motion for a new trial. I, ยง 37. The state had the burden of proving all the elements of the crime to the satisfaction of the jury beyond a reasonable doubt if it was to establish the charge of first degree murder. In Lawler v. Commonwealth the misconduct complained of was a statement made by the prosecuting attorney on the voir dire examination of a prospective juror "that one convicted of a life sentence was under the law subject to be paroled after eight years' service in prison."
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