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STATE v. RUFF

230 Or. 546 (1962)

370 P.2d 942

STATE OF OREGON v. RUFF

Supreme Court of Oregon.

Affirmed May 2, 1962.

Attorney(s) appearing for the Case

Glenn D. Ramirez, Klamath Falls, argued the cause and filed briefs for appellant.

Dale T. Crabtree, District Attorney, Klamath Falls, argued the cause for respondent. With him on the brief were Sam A. McKeen, Deputy District Attorney, and Robert M. Redding, Klamath Falls.

Before McALLISTER, Chief Justice, and ROSSMAN, PERRY, GOODWIN and LUSK, Justices.

AFFIRMED.

PERRY, J.

This is a criminal action. The defendant was indicted for second degree murder and convicted of the lesser offense of voluntary manslaughter, committed by stabbing one Joe Penasse with a hunting knife. From the judgment rendered, the defendant appeals.

The uncontradicted evidence in this case discloses the defendant, in company with the deceased and others, decided to go hunting. They were...

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