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STATE v. SCHWENSEN

237 Or. 506 (1964)

392 P.2d 328

STATE OF OREGON v. SCHWENSEN

Supreme Court of Oregon.

Reversed and remanded May 20, 1964.

Attorney(s) appearing for the Case

Carl R. Neil and Charles V. Elliott, Portland, argued the cause and filed briefs for the appellant.

Oscar D. Howlett, Portland, specially appointed counsel, argued the cause for respondent. With him on the brief was George Van Hoomissen, District Attorney, Portland.

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

REVERSED AND REMANDED.

PERRY, J.

The defendant was convicted of a felony-murder, constituting murder in the first degree. The verdict did not contain any recommendation as to the sentence to be imposed and, pursuant to lawful requirement, the death penalty was imposed. From the judgment entered the defendant has appealed.

Mrs. Jean R. Bussey resided in Portland with her husband. She was 29 years of age and the mother of a child four or five years of...

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