STATE v. MITCHELL


495 P.2d 780 (1972)

STATE of Oregon, Respondent, v. Joe Luther MITCHELL, Appellant.

Court of Appeals of Oregon, Department 1.

Decided April 7, 1972.


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 brief were Lee Johnson, Atty. Gen., and John W. Osburn, Sol. Gen., Salem.

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


LANGTRY, Judge.

Defendant was indicted for first degree murder. Former ORS 163.010. The case was tried to the court which found defendant guilty of second degree murder. On appeal defendant raises two assignments of error, one of which is that there was insufficient evidence upon which to base a conviction.

The evidence of the alleged crime and defendant's participation was entirely circumstantial. Decedent's nude body was found on the morning of December...

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