State v. Ah Sam

Decided January 15, 1879

Oregon Supreme Court · decided 1879-01-15

The indictment charges that one Han How was arrested on a charge of larceny from a dwelling-house, and at the time of her preliminary examination before a justice of the peace the appellant was called as a witness for the state, and testified that he, appellant, saw the said Han How at the house where the larceny was charged to have been committed on the thirtieth day of October, 1877, and the indictment charges that this statement was false.

Cited by 1 later decisions — most recently October 1931

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1879-01-15

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¶1By tlie Court,

Prim, J.:

¶2"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.

¶3The judgment is reversed and a new trial ordered.