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STATE v. AKRIDGE

543 P.2d 1073 (1975)

STATE of Oregon, Respondent, v. Robert Charles AKRIDGE, Appellant.

Court of Appeals of Oregon.

Decided December 22, 1975.

Attorney(s) appearing for the Case

J. Marvin Kuhn, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

John W. Burgess, 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 FOLEY and LEE, JJ.

LEE, Judge.

Defendant appeals from his conviction of murder per ORS 163.115.

Defendant's first assignment of error is that the trial court incorrectly instructed the jury on the phrase "extreme emotional disturbance." ORS 163.125(1)(b) provides:

"(1) Criminal homicide constitutes manslaughter when: "* * * "(b) A homicide which would otherwise be murder is committed under the influence of extreme emotional disturbance, which disturbance...

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