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STATE v. CONANT

554 P.2d 1027 (1976)

27 Or.App. 25

STATE of Oregon, Respondent, v. Claude Leon CONANT, Appellant.

Court of Appeals of Oregon.

Decided October 4, 1976.

Attorney(s) appearing for the Case

Robert C. Cannon, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

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

Before SCHWAB, C.J., and THORNTON and LEE, JJ.

LEE, Judge.

Defendant appeals his conviction of first degree manslaughter, ORS 163.145.1

The defendant was angry at his wife (Mrs. Conant) and began striking her and pushing her around one evening in their kitchen. After several minutes the wife fled to a neighbor's house. She slipped and fell in a ditch enroute.

When she arrived at the neighbor's house she was holding her stomach with one hand. The neighbor said Mrs. Conant...

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