STATE v. HITESHEW


476 P.2d 935 (1970)

STATE of Oregon, Respondent, v. Darrell HITESHEW, Appellant.

Court of Appeals of Oregon, Department 1.

Decided November 23, 1970.


Attorney(s) appearing for the Case

Sam A. McKeen, Klamath Falls, argued the cause and filed the briefs for appellant.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and Jacob B. Tanzer, Sol. Gen., Salem.

Before SCHWAB, C.J., and LANGTRY and FOLEY, JJ.


LANGTRY, Judge.

The defendant was indicted for first degree murder and convicted of manslaughter from which conviction he appeals.

There are several assignments of error, only two of which are necessary to consider.

Evidence showed that defendant was a one-armed farm laborer who, on occasion, frequented houses of prostitution. There was evidence that in 1967 a Negro prostitute lured him into a situation where defendant claimed two Negro men shot him...

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