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STATE v. GOLDSBERRY

569 P.2d 646 (1977)

30 Or.App. 1087

STATE of Oregon, Respondent, v. Michael Herman GOLDSBERRY, Appellant.

Court of Appeals of Oregon.

Decided September 26, 1977.

Attorney(s) appearing for the Case

J. Michael Alexander, Salem, argued the cause for appellant. With him on the briefs was Brown, Burt & Swanson, P.C., Salem.

Donald L. Paillette, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Before SCHWAB, C.J., and TANZER and RICHARDSON, JJ.

SCHWAB, Chief Judge.

Defendant, charged with manslaughter in the first degree, was convicted upon trial by jury of criminally negligent homicide.1 The facts giving rise to the fatal shooting are:

The victim, Mr. Foltz, and his wife separated in October 1975, and dissolution proceedings were commenced. Mrs. Foltz continued to live at the former family home while Mr. Foltz resided elsewhere...

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