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STATE v. McCOY

521 P.2d 1074 (1974)

STATE of Oregon, Respondent, v. James Leonard McCoy, Appellant.

Court of Appeals of Oregon.

Decided April 15, 1974.

Rehearing Denied May 22, 1974.

Review Granted July 30, 1974.

Attorney(s) appearing for the Case

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

Timothy Wood, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

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

LANGTRY, Judge.

Defendant appeals from conviction in a jury trial of murder. ORS 163.115. The principal question presented is whether the jury should have been instructed that in order to convict the defendant of murder it must find beyond a reasonable doubt the nonexistence of "extreme emotional disturbance" as defined in ORS 163.125(1)(b) and (2). We find that such instructions were necessary and that the instructions given so informed the jury.

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