STATE v. SHUMWAY

No. 79-2-17; CA 14464; SC 26922.

630 P.2d 796 (1981)

291 Or. 153

STATE of Oregon, Respondent, v. Douglas Linn SHUMWAY, Petitioner.

Supreme Court of Oregon, In Banc.

Reargued April 7, 1981.

Decided June 23, 1981.


Attorney(s) appearing for the Case

J. Marvin Kuhn, Deputy Public Defender, Salem, argued the cause for petitioner. With him on the briefs 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 James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Stephen Kanter, Cooperating Atty., Oregon American Civil Liberties Union, Portland, filed a brief amicus curiae.


DENECKE, Chief Justice.

The defendant was convicted of intentional murder and sentenced to life imprisonment. He appealed to the Court of Appeals, contending both that error occurred during his trial and the statute pursuant to which he was sentenced was invalid. The Court of Appeals affirmed. 44 Or.App. 657, 607 P.2d 191 (1980). We granted review.

The defendant contends the instruction...

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