1. Home
  2. Browse Decisions
  3. P.2d
  4. 462 P.2d
  5. 462 P.2d 465 (1969)
 

STATE v. CATHEY

462 P.2d 465 (1969)

STATE of Oregon, Respondent, v. Kenneth Gene CATHEY, Appellant.

Court of Appeals of Oregon In Banc.

Decided December 18, 1969.

Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for appellant.

Jacob B. Tanzer, Solicitor Gen., Salem, argued the cause for respondent. With him on the brief was George Van Hoomissen, Dist. Atty., Portland.

LANGTRY, Judge.

Defendant was convicted of burglary in a dwelling house. ORS 164.230. A second count of the indictment charging larceny in a dwelling, ORS 164.320, was dismissed after the jury was unable to agree on a verdict. This appeal assigns as error: (1) the court's instruction that the witnesses are presumed to speak the truth nullifies the presumption of defendant's innocence, and (2) there was insufficient evidence to support the verdict.

(1) The...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases