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Oregon Supreme Court· 6/19/1963

State v. Elliott

Citations

  • 383 P.2d 382
  • 234 Or. 522
  • 1963 Ore. LEXIS 467

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • “[t]he rule in this state as to the necessity of negativing exceptions * * * was set out early by Mr. Justice Robert S. Bean in the case of State v. Tamler & Polly”
  • “[A] defendant is presumed to be innocent of the offense charged and every necessary element thereof until * * * a jury returns a ver- dict of guilty[.]”
  • “Doubt is only removed when a jury returns a verdict of guilty, for the presump- tion of innocence is a disputable question which goes with the jury into the jury room for consideration.”
  • “Doubt is only removed when a jury returns a verdict of guilty, for the presump- tion of innocence is a disputable question which goes with the jury into the jury room for consideration.”
  • specific intent to commit a crime is a “subjective fact * * * seldom susceptible of direct proof [and] * * * usually established by a consideration of objective facts, and from th[ose] objective facts an ultimate conclusion is drawn”
  • \No citation of authority is necessary for the statement that in a criminal case in this jurisdiction a defendant is presumed to be innocent of the offense charged and every necessary element thereof until his guilt is established beyond a reasonable doubt.\

Source: CourtListener parenthetical corpus (CC0).

Judges: McAllister, Eossman, Perry, Sloan, O'Connell, Goodwin, Denecke

Read full opinion on CourtListener

Cited by

27 cases in this archive cite this case; the 20 most cited are listed.

Cites

5 cases in this archive are cited by this case.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.