STATE v. LEOS


490 P.2d 521 (1971)

STATE of Oregon, Respondent, v. Rodolfo LEOS, Aka Rodolfo Leos Tambunga, Appellant.

Court of Appeals of Oregon, Department 1.

Decided November 11, 1971.


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.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and John W. Osburn, Sol. Gen., Salem.

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


THORNTON, Judge.

Defendant was convicted of manslaughter. On appeal he contends that the trial court erred in (1) convicting the defendant by a 10-2 jury verdict; (2) instructing the jury as to disputable presumptions that they were required to find the presumed facts unless they were outweighed or equaled by other evidence; and (3) instructing the jury on excusable homicide without clearly distinguishing between self-defense and excusable homicide.

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