STATE v. CRENSHAW


486 P.2d 581 (1971)

STATE of Oregon, Respondent, v. Oliver Lee CRENSHAW, Appellant.

Court of Appeals of Oregon, Department 2.

Decided July 1, 1971.


Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, argued the cause for appellant. With him on the brief was Benhardt E. Schmidt, Portland.

Thomas H. Denney, Asst. Atty. Gen., 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 FORT and THORNTON, JJ.


THORNTON, Judge.

Defendant was convicted of second degree murder by allegedly "pushing or shoving" Irene Marty over a cliff into the Columbia river gorge. He appeals on several grounds, including that there was not sufficient evidence to make a jury question. We agree.

The evidence of the alleged crime was entirely circumstantial. About noon on the day of the episode defendant became acquainted with a man named Leonard Pruchniewski in a secondhand store in...

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