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STATE v. GILL

474 P.2d 23 (1970)

STATE of Oregon, Respondent, v. Oliver GILL, Jr., Appellant.

Court of Appeals of Oregon, Department 1.

Decided September 10, 1970.

Attorney(s) appearing for the Case

John Toran, Jr., Portland, argued the cause and filed the brief 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 FOLEY and BRANCHFIELD, JJ.

FOLEY, Judge.

The defendant, Oliver Gill, Jr., appeals from a second degree murder conviction obtained under ORS 163.020(2), which reads:

"Any person who kills another by an act imminently dangerous to others, and evincing a depraved mind, regardless of human life, although without any design to effect the death of any particular individual, is guilty of murder in the second degree."

ASSIGNMENT OF ERROR NO. 1

His first assignment of error...

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