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STATE v. KEYS

548 P.2d 205 (1976)

STATE of Oregon, Appellant, v. Donny Ray KEYS, Respondent.

Court of Appeals of Oregon.

Decided April 5, 1976.

Attorney(s) appearing for the Case

Donald L. Paillette, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Solicitor Gen., Salem.

John K. Hoover, Deputy Public Defender, Salem, argued the cause for respondent. With him on the brief was Gary D. Babcock, Public Defender, Salem.

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

SCHWAB, Chief Judge.

Oregon Laws 1975, ch. 577, § 1, p. 1305, amended ORS 163.115(1)(a) to define murder as a homicide "committed intentionally by a person who is not under the influence of an extreme emotional disturbance." Shortly after the amendment became effective defendant was indicted for murder, the indictment alleging he "did unlawfully and intentionally cause the death of another human being," etc. Defendant demurred to this indictment on the ground...

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