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STATE v. MITCHELL

239 Or. 87 (1964)

396 P.2d 572

STATE OF OREGON v. MITCHELL

Supreme Court of Oregon.

Affirmed November 12, 1964.

Attorney(s) appearing for the Case

Richard C. Beesley, Klamath Falls, argued the cause for appellant. On the briefs were McLaren & Beesley.

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

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

AFFIRMED.

O'CONNELL, J.

Defendant appeals from a judgment of conviction for the crime of first degree murder. Defendant was sentenced to death, the jury not having recommended life imprisonment. Oregon Constitution, Art I, § 37.

1. Defendant was charged with killing Dmitre Yerkovich in a movie theater in Klamath Falls. Yerkovich had escorted defendant's former wife to the theater. Defendant entered the theater, approached his victim from behind...

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