STATE v. JARVI


474 P.2d 363 (1970)

STATE of Oregon, Respondent, v. Arthur Andrew JARVI, Appellant.

Court of Appeals of Oregon, Department 1.

Decided September 10, 1970.


Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, 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.


BRANCHFIELD, Judge.

Defendant was charged with the crime of first degree murder, entered a plea of not guilty and was found guilty of manslaughter by the court without a jury. He appealed.

The evening of December 2, 1967, the defendant shot and killed one Otto Albert Aho at the defendant's residence. Aho was killed almost instantly with a bullet fired from a bolt action 30.06 rifle fired at a distance of four to six feet from the victim.

Defendant...

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