STATE v. OLIVER


509 P.2d 41 (1973)

STATE of Oregon, Respondent, v. Jerry Glenn OLIVER, Appellant.

Court of Appeals of Oregon.

Decided April 23, 1973.

Rehearing Denied May 17, 1973.

Review Denied July 3, 1973.


Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for appellant.

John W. Burgess, 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 FORT and THORNTON, JJ.


SCHWAB, Chief Judge.

Defendant was found guilty by jury verdict of two counts of murder. ORS 163.115(1)(a). On appeal he contends the trial court erred in not instructing the jury on the elements of manslaughter as a lesser included offense. This contention is based on the premises that there was substantial evidence that defendant was intoxicated at the time the homicides were committed, and that intoxication can reduce what would otherwise be murder to manslaughter...

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