STATE of Oregon, Respondent,
v.
Murel Lynn McWilliams, Appellant.
Court of Appeals of Oregon.https://leagle.com/images/logo.png
Argued and Submitted January 17, 1977.
Decided April 11, 1977.
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.
Thomas H. Denney, 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 LEE and TANZER, JJ.
Court of Appeals of Oregon.
LEE, Judge.
Charged with "attempted murder"1 defendant was convicted by jury verdict of the lesser offense of "assault in the first degree"2 and sentenced to a term of imprisonment not to exceed 10 years. On appeal defendant argues that the trial court erred both when it failed to give his requested instruction on the defense of "excusable homicide by accident," and when it instructed the jury that, if in its...
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