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STATE v. ENGLAND

220 Or. 395 (1960)

349 P.2d 668

STATE OF OREGON v. ENGLAND

Supreme Court of Oregon.

Affirmed February 24, 1960.

Attorney(s) appearing for the Case

J. Alfred Joiner, Deputy District Attorney, Corvallis, and John B. Fenner, District Attorney, Corvallis, argued the cause and filed briefs for appellant.

Mark V. Weatherford and Harrison M. Weatherford, Albany, argued the cause for respondent. On the brief were Weatherford & Thompson, Albany.

Before McALLISTER, Chief Justice, and PERRY, O'CONNELL and HARRIS, Justices.

AFFIRMED.

PERRY, J.

1. The grand jury returned an indictment against the defendant David C. England seeking to charge him with the crime of involuntary manslaughter. The charging part of the indictment is as follows:

"* * * then and there being, did then and there unlawfully, feloniously and in the commission of a lawful act, to-wit: while disciplining his son Charles Edwin England, age 12, act without due caution and circumspection in that said defendant...

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