Reports of Cases Decided in the Supreme Court of the State of Oregon (Volume 45) (Paperback)

Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: present suit until more than eight months after the entry of the order of final settlement constitute such laches as to preclude them from insisting upon the remedy invoked. The decree of the trial court will therefore be reversed, the demurrer to the complaint overruled, and the cause remanded for such further proceedings as may seem appropriate. Reversed. Decided 21 January, 1904. STATE v. ARMSTRONG. [ 74 Pac. 1025.] Unexecuted Death Warrant?Fixing New Date. Where the time for executing a capital sentence is not part of the judgment, but is fixed by the court, the warrant does not expire (unless it is specially so provided) and is not affected by a failure to execute It at the appointed time. In such cases the better practice is for the court from which the warrant issued to assign a new date for the execution. From Baker: Robert Eakin, Judge. .Pleasant Armstrong appeals from an order fixing a new date for his execution, the time stated in the death warrant having passed while his case was on appeal: 43 Or. 207 (73 Pac. 1022). Affirmed. For appellant there was an oral argument by Mr. M. M. Godman and Mr. Geo. J. Bentley. For the State there was an oral argument by Mr. Andrew M. Crawford, Attorney-General. Mr. Justice Bean delivered the opinion. On March 31,1903, a judgment of death was pronounced against the defendant by the circuit.court for Baker County upon a conviction previously had. On the same day a warrant was duly issued, and delivered to the sheriff as. required by law, in which a day was appointed for the execution of the judgment. Before the judgment was executed, however, an appeal was taken by the defendant,.and a certificate of probable cause issued by one of the justices ofthis court, thereby staying the execution. The judgment wa...