STATE v. SMITH

No. 80-38607; CA A20738.

643 P.2d 878 (1982)

56 Or.App. 863

STATE of Oregon, Respondent, v. Delbert Floyd SMITH, Appellant.

Court of Appeals of Oregon.

Decided April 19, 1982.


Attorney(s) appearing for the Case

Ernest E. Estes, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Stephen F. Peifer, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Before BUTTLER, P.J., and RICHARDSON and WARDEN, JJ.


PER CURIAM.

Defendant appeals his conviction for murder, assigning as error: (1) the trial court's failure to give defendant's requested instructions on manslaughter in the first and second degrees; (2) admitting photographs of a sliding glass door and of the victim's corpse, and (3) in sentencing defendant to a mandatory minimum 25 years imprisonment.

We are satisfied that there is no evidence that defendant acted other than intentionally in killing the victim...

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