STATE v. ACHZIGER


497 P.2d 383 (1972)

STATE of Oregon, Respondent, v. Pete ACHZIGER, Appellant.

Court of Appeals of Oregon, Department 1.

Decided May 18, 1972.


Attorney(s) appearing for the Case

Graham Walker, Portland, argued the cause and filed the briefs for appellant.

Al J. Laue, Assistant 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.


LANGTRY, Judge.

Defendant was indicted for first degree murder of his wife. He pleaded not guilty and not guilty by reason of insanity and, in a trial to the court, was convicted of voluntary manslaughter. On appeal he contends (1) the court erred in allowing testimony of declarations made by the deceased after she had suffered the fatal injury; (2) that similar declarations contained in hospital records should not have been admitted into evidence; (3) defendant's...

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