STATE v. HERRERA


236 Or. 1 (1963)

386 P.2d 448

STATE OF OREGON v. HERRERA

Supreme Court of Oregon.

Affirmed November 6, 1963.


Attorney(s) appearing for the Case

Joseph W. Hagler, 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 and John R. Thomas, Deputy District Attorneys, Klamath Falls.

Before McALLISTER, Chief Justice, and ROSSMAN, PERRY, SLOAN, O'CONNELL, GOODWIN and DENECKE, Justices.


AFFIRMED.

GOODWIN, J.

The defendant was indicted for first-degree murder. The jury found him guilty of second-degree murder. He appeals.

The defendant was accused of killing Frankie Long, a twenty-three-month-old boy, by kicking him to death. Frankie Long was the child of Franklin Long and Lorene Long. The defendant had been acquainted with Lorene Long before her marriage to Mr. Long. The defendant's relationship with Lorene was interrupted when the...

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