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STATE v. BARNETT

248 Or. 614 (1968)

433 P.2d 1018

STATE OF OREGON, Respondent, v. RUTH BARNETT, Appellant.

Supreme Court of Oregon.

Affirmed November 29, 1967.

Petition for rehearing denied January 16, 1967.

Motion for stay of judgment and recall of mandate denied January 23, 1968.

Attorney(s) appearing for the Case

Leo Levenson, Portland, argued the cause for appellant. With him on the brief was Howard R. Lonergan, Portland.

Jacob Tanzer, Deputy District Attorney, Portland, argued the cause for respondent. With him on the brief was George Van Hoomissen, District Attorney, Portland.

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

AFFIRMED.

PER CURIAM.

The defendant Ruth Barnett was convicted of manslaughter by abortion, and appeals.

1. Defendant claims error in the refusal of the trial court to sustain her demurrer to the indictment. She demurred upon the ground that she could not receive a fair trial. Her assignment of error states she could not receive a fair trial because Article I, § 6, of the Oregon Constitution prohibits inquiry into the religious beliefs of prospective...

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