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STATE v. KRAUSE

445 P.2d 500 (1968)

STATE of Oregon, Respondent, v. Willis Norman KRAUSE, Appellant.

Supreme Court of Oregon, In Banc.

Decided October 2, 1968.

Attorney(s) appearing for the Case

Kenneth C. Hadley, Deputy Public Defender, Salem, and William H. Ferguson, Grants Pass, argued the cause for appellant. With William H. Ferguson, Grants Pass, on the brief were Charles H. Seagraves, Jr., Grants Pass, and Lawrence A. Aschenbrenner, Public Defender, Salem.

Robert M. Burrows, Deputy Dist. Atty., Grants Pass, argued the cause for respondent. With him on the brief was Michael S. Killoran, Dist. Atty., Grants Pass.

Before PERRY, C.J., and McALLISTER, SLOAN, O'CONNELL, GOODWIN, DENECKE, and LUSK, JJ.

SLOAN, Justice.

Defendant was convicted of second degree murder for the shooting of his wife with a rifle. The indictment charged a felony murder in that defendant was accused of the carrying of the weapon with an intent to use the rifle against his stepson in violation of ORS 166.220 and in the process shot and killed his wife. Defendant testified that before the shot was fired he had the gun in his hands for the purpose of examination for needed repair; that his...

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