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STATE v. McCAULEY

494 P.2d 438 (1972)

STATE of Oregon, Respondent, v. LeRoy Allen McCauley, Appellant.

Court of Appeals of Oregon, Department 2.

Decided March 9, 1972.

Attorney(s) appearing for the Case

Darryl E. Johnson and William L. Lasswell, Roseburg, argued the cause and filed the brief for appellant.

Doyle L. Schiffman, Dist. Atty., Roseburg, argued the cause and filed the brief for respondent.

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

FORT, Judge.

Defendant was charged in a single indictment with one count of second degree murder (ORS 163.020), and, "as a part of the same act and transaction," one count of manslaughter (ORS 163.040). He was found guilty by a jury of the crime of manslaughter and sentenced to imprisonment for an indeterminate period not to exceed six years. The defendant appeals asserting eight assignments of error.

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