STATE v. SUGGS


511 P.2d 405 (1973)

STATE of Oregon, Respondent, v. Robert W. SUGGS, Appellant.

Court of Appeals of Oregon.

Decided June 18, 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 LANGTRY and FOLEY, JJ.


FOLEY, Judge.

Defendant was charged with murder of his 29-year-old, retarded stepson. He was found guilty by jury verdict of manslaughter and received a prison sentence of 10 years. He appeals, assigning as error the refusal of the trial court to suppress statements made by the defendant and the failure to submit to the jury as a lesser included offense the crime of criminally negligent homicide. ORS 163.145. We reverse on the basis of the first assignment of error...

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