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STATE v. SIMMS

471 P.2d 821 (1970)

STATE of Oregon, Respondent, v. Curtis Charles SIMMS, Appellant.

Court of Appeals of Oregon, Department 1.

Argued and Submitted March 17, 1970.

Decided July 9, 1970.

Rehearing Denied July 29, 1970.

Review Denied September 22, 1970.

Attorney(s) appearing for the Case

Ralph C. Sipprell and Millard M. Becker, Portland, argued the cause and filed the briefs for appellant.

John W. Osburn, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Jacob B. Tanzer, Sol. Gen., and Lee Johnson, Atty. Gen., Salem.

Before SCHWAB, C.J., and FORT and BRANCHFIELD, JJ.

BRANCHFIELD, Judge.

Defendant was indicted and tried on a charge of first degree felony murder. The jury found him guilty of manslaughter and he appeals. He charges that the trial court erred when it denied his motion for a new trial. That motion was based upon a claim of newly-discovered evidence, and the alleged suppression by the state of evidence favorable to the defendant.

On April 2, 1968, defendant was driving his automobile around Portland. Also in...

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