STATE v. HAZELETT


492 P.2d 501 (1972)

STATE of Oregon, Respondent, v. Aaron Roger HAZELETT, Appellant.

Court of Appeals of Oregon, Department 2.

Decided January 6, 1972.

Rehearing Denied January 26, 1972.

Review Denied February 29, 1972.


Attorney(s) appearing for the Case

Francis F. Yunker, Portland, argued the cause for appellant. With him on the briefs was Darrell E. Bewley, 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, Sol. Gen., Salem.

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


FOLEY, Judge.

Defendant was convicted of first degree murder, sentenced to life imprisonment and appeals. He assigns as error the refusal of the court to remove from the jury's consideration felony murder as a basis for the first degree murder conviction and he claims the court erred in submitting to the jury two separate theories: (1) felony murder, and (2) premeditated murder, instructing them that it was not necessary that they all concur as to whether the defendant...

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