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STATE v. GABIE

463 P.2d 595 (1970)

STATE of Oregon, Respondent, v. Clifford L. GABIE, Appellant.

Court of Appeals of Oregon, In Banc.

Decided January 15, 1970.

Rehearing Denied February 17, 1970.

Review Denied March 31, 1970.

Attorney(s) appearing for the Case

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

Billy L. Williamson, Deputy Dist. Atty., Portland, argued the cause for respondent. With him on the brief was George Van Hoomissen, Dist. Atty., Portland.

FOLEY, Judge.

Defendant was indicted for first degree murder in the killing of his wife. He had watched his estranged wife and another man enter her apartment. When they emerged from the apartment an hour or two later he approached them, briefly scuffled with the man and then shot and killed his wife. He entered a plea of guilty to homicide and a hearing to determine the degree of homicide was held before the court without...

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