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STATE OF OREGON v. NODINE

198 Or. 679 (1953)

259 P.2d 1056

STATE OF OREGON v. NODINE

Supreme Court of Oregon.

Reversed and remanded July 8, 1953.

Attorney(s) appearing for the Case

David C. Shaw, of Gold Beach, argued the cause for appellant. With him on the brief were Buffington, Shaw and Starkweather and William E. Taylor, of Gold Beach.

Herbert R. Dewart, District Attorney, of Gold Beach, argued the cause and submitted a brief for respondent.

Before LATOURETTE, Chief Justice, and WARNER, ROSSMAN, LUSK, TOOZE and PERRY, Justices.

REVERSED AND REMANDED.

LUSK, J.

The defendant, James Kay Nodine, Sr., has appealed from a conviction of murder in the first degree with recommendation of life imprisonment by the jury. The indictment charged the defendant with the killing of Marius Sorenson by shooting him with a 30-30 rifle.

That the defendant shot and killed Sorenson with a 30-30 rifle is admitted. His defense is that the homicide was justified...

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