State v. Ah Sam
This text of 7 Or. 477 (State v. Ah Sam) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
By tlie Court,
"We think the court erred in this instruction. It is true that a crime may be charged to have been committed on one day and proved to haye been committed on another. But that principle we apprehend is not applicable in this case. Here the crime was alleged to have been committed on the fifth day of November, 1877; and any other day might have been shown by the testimony, because the day on which the oath was administered was not of the essence of the crime. But the variance is one which totally changes the statement of the witness complained of from the statement alleged to be false to a statement, the truth of which is neither charged nor proven to be untrue.
The judgment is reversed and a new trial ordered.
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
7 Or. 477, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ah-sam-or-1879.