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STATE v. FOSTER

242 Or. 101 (1965)

407 P.2d 901

STATE OF OREGON v. FOSTER

Supreme Court of Oregon.

Reversed and remanded November 24, 1965.

Attorney(s) appearing for the Case

Charles Burt, Salem, argued the cause for appellant. On the brief were Burt & Ertsgaard, Salem.

J.R. Thomas, Deputy District Attorney, Klamath Falls, argued the cause for respondent. With him on the brief was Sam A. McKeen, District Attorney, Klamath Falls.

Before McALLISTER, Chief Justice, and PERRY, SLOAN, GOODWIN, DENECKE, HOLMAN and SCHWAB, Justices.

REVERSED.

SLOAN, J.

Defendant was convicted of manslaughter. His appeal from the conviction poses a question not previously considered by this court. To put the problem in perspective it will be better to relate the basic facts.

Defendant was charged with shooting and killing a woman during the course of a spree at a rural residence in Klamath county. It was claimed, in his defense, that defendant was not present when the shooting occurred. Some of...

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