STATE v. AVENT


209 Or. 181 (1956)

302 P.2d 549

STATE OF OREGON v. AVENT

Supreme Court of Oregon.

Affirmed October 27, 1956.

Petition for rehearing denied December 28, 1956.


Attorney(s) appearing for the Case

George H. Corey, Special Assistant Attorney General and Special Prosecutor, Pendleton, argued the cause for respondent. With him on the brief were Robert Y. Thornton, Attorney General, Salem, and Bradley D. Fancher, District Attorney, Heppner.

Charles E. Raymond and Donald E. Kettleberg, Portland, argued the cause and filed a brief for appellant.

Before WARNER, Chief Justice, and ROSSMAN, LUSK, BRAND, PERRY and McALLISTER, Justices.


AFFIRMED.

LUSK, J.

The defendant was indicted for second degree murder, was convicted as charged, and has appealed.

Defendant's brief contains six assignments of error. Two of these, based on the court's refusal to instruct the jury, in effect, that they could find that the defendant would have been justified in killing the victim of the homicide in order to prevent him from enticing away or stealing her child, were abandoned on the argument, and properly...

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