STATE v. JONES

(No. C-59800)

500 P.2d 1225 (1972)

STATE of Oregon, Respondent, v. Jesse Lewis JONES, Appellant.

Court of Appeals of Oregon, Department 1.

Decided September 18, 1972.


Attorney(s) appearing for the Case

Ronald J. Loew, Portland, argued the cause for appellant. With him on the brief were Kevin P. O'Connell and O'Connell, Goyak & Haugh, P.C., Portland.

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, Solicitor Gen., Salem.

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


FORT, Judge.

Defendant and Melvin Luther Cox were jointly indicted for felony murder arising out of a shooting in the course of an armed robbery. Former ORS 163.010. Defendant was tried separately and convicted by a jury. He appeals from the resulting judgment, asserting three assignments of error.

A brief summary of the facts is necessary to an understanding of the principal issue — the failure to give a requested instruction concerning the need for...

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