STATE v. MILLER

No. 79-1341; CA 17249.

628 P.2d 444 (1981)

52 Or.App. 335

STATE of Oregon, Respondent, v. Fred Ray MILLER, Appellant.

Court of Appeals of Oregon.

Decided May 18, 1981.


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 C. Bradley, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James M. Brown, Atty. Gen., John R. McCulloch, Jr., Sol. Gen., and William F. Gary, Deputy Sol. Gen., Salem.

Before JOSEPH, P.J., and WARDEN and WARREN, JJ.


WARREN, Judge.

Defendant was indicted for the crime of murder. ORS 163.115(1). He pled not guilty and was tried and convicted by a jury of the lesser included offense of manslaughter in the first degree. ORS 163.118. Defendant appeals from the judgment of conviction entered upon that verdict. We affirm.

A brief summary of the relevant facts follows: On August 10, 1979, defendant and the victim, Richard Preston, spent the latter part of the evening in the same...

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