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STATE v. JONES

241 Or. 142 (1965)

405 P.2d 514

STATE OF OREGON v. JONES

Supreme Court of Oregon.

Reargued June 7, 1965.

Affirmed September 8, 1965.

Attorney(s) appearing for the Case

George A. Haslett, Jr. and Francis F. Yunker Portland, argued the cause and submitted a brief for appellant.

Tom P. Price, Deputy District Attorney, Portland, argued the cause for respondent. With him on the brief was George Van Hoomissen, District Attorney, Portland.

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

AFFIRMED.

O'CONNELL, J.

Defendant appeals from a judgment of conviction for the crime of murder in the second degree.

Defendant contends that the evidence precludes a finding of malice which is a necessary element in the crime of murder in the second degree as defined by ORS 163.020 (1).1

The facts were as follows. The victim, Robert Bowman, and defendant were sitting at the counter in Ethel's Cafe on Burnside street...

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