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STATE v. MATTINGLY

541 P.2d 1063 (1975)

STATE of Oregon, Respondent, v. Kenneth Lee MATTINGLY, Appellant.

Court of Appeals of Oregon.

Decided October 28, 1975.

Attorney(s) appearing for the Case

Gary L. Hooper, Certified Law Student, Salem, argued the cause for appellant. With him on the brief were Gary D. Babcock, Public Defender, and Robert C. Cannon, Deputy Public Defender, Salem.

Donald L. Paillette, 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 FORT and THORNTON, JJ.

SCHWAB, Chief Judge.

Defendant was convicted of murder, ORS 163.115(1)(b).1 He assigns as error the trial court's failure to give his requested instructions on the lesser included crime of criminally negligent homicide.

On November 2, 1974, defendant picked up his two children at the apartment of his estranged wife, the victim, pursuant to his biweekly visitation rights. He returned the children about 5:30 the following day, eight...

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