State v. Shaffer

Citations

• 23 Or. 555
• 32 P. 545
• 1893 Ore. LEXIS 61

Syllabus

<p>1. Criminal Law — Jeopardy—Disagreement op Jury — Code, £ 206. — The inability of a jury to agree upon a verdict is a sufficient reason for their discharge, and trying the defendant for the same offense before another jury is not placing him twice in jeopardy. Hill’s Code, £ 206, giving the trial court power to discharge a jury upon their inability to agree, is not in conflict with article I., section 12, of the state constitution, providing that no man shall be put in jeopardy twice for the same offense.</p> <p>2. Separation op Jury in Capital Case — Discretion op Court — Code, £ 198. — The separating of the jury during the trial, with proper admonition, is properly within the discretion of the court even in capital cases: Code, £ 198.</p> <p>3. Dying Declarations — Admissibility — Discretion op Court. — The admissibility of dying declarations is always a preliminary question addressed to the court, and this preliminary inquiry may be conducted either in the presence and hearing of the jury, or otherwise, as the discretion of the trial judge may dictate.</p> <p>4. Idem —Credibility — Impeaching Deceased. — The credibility of dying declarations is always a question for the jury, and the credit of the deceased may he impeached by showing that he made contradictory statements as to the homicide and its cause; but the fact that, at a time other than when the declarations were made, he expressed a hope or belief of his recovery is not an impeachment, for he may still have considered death impending at the time the declarations -were made.</p>