STATE v. STEIMLE


453 P.2d 171 (1969)

STATE of Oregon, Respondent, v. Horst Gerhard STEIMLE, Appellant.

Supreme Court of Oregon, Department 1.

Decided April 16, 1969.


Attorney(s) appearing for the Case

Kenneth C. Hadley, Deputy Public Defender, Salem, argued the cause for appellant. With him on the briefs was Gary D. Babcock, Public Defender, Salem.

Gary D. Gortmaker, Dist. Atty., Salem, argued the cause and filed a brief for respondent.

Before McALLISTER, P.J., and O'CONNELL, DENECKE, HOLMAN and LANGTRY, JJ.


DENECKE, Justice.

The defendant was convicted of first-degree murder.

There was evidence that the defendant drove up into the mountains with the decedent, an acquaintance. The defendant and perhaps the decedent did some drinking. The defendant shot the decedent, drove the decedent's car back to Portland and occupied the decedent's apartment.

The defendant contends that the trial court erred in giving the following instruction which was excepted to...

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