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STATE v. FRANKLIN

502 P.2d 392 (1972)

STATE of Oregon, Respondent, v. James Ray FRANKLIN, Appellant.

Court of Appeals of Oregon.

Decided November 3, 1972.

Attorney(s) appearing for the Case

F.E. Glenn, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Doyle L. Schiffman, Dist. Atty., Roseburg, argued the cause for respondent. With him on the brief was Stephen H. Miller, Deputy Dist. Atty., Roseburg.

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

SCHWAB, Chief Judge.

Defendant was indicted for murder pursuant to ORS 163.115, convicted by a jury, and appeals, asserting as error the denial of his motion for a mistrial. He also contends that ORS 163.115(4), which requires imposition of a life sentence for murder, violates Oregon Constitution, Art. I, §§ 15 and 16. Defendant cites no authority for this latter proposition, and we hold it has no merit.

The evidence showed that a two-year-old child...

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