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STATE v. WELCH

C 82-10-37851; CA A27891.

681 P.2d 163 (1984)

68 Or.App. 337

STATE of Oregon, Respondent, v. Kent Christopher WELCH, Appellant.

Court of Appeals of Oregon.

Decided May 9, 1984.

Reconsideration Denied June 15, 1984.

Review Denied July 3, 1984.

Attorney(s) appearing for the Case

Stephen J. Williams, 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 James E. Mountain, Jr., Sol. Gen., Salem.

Before RICHARDSON, P.J., JOSEPH, C.J., and NEWMAN, J.

NEWMAN, Judge.

Defendant appeals his conviction for manslaughter in the second degree. ORS 163.125. He asserts that he was not culpable, because the victim was a voluntary participant in the reckless conduct which resulted in the victim's death. We affirm.

At about 3 a.m., on October 5, 1982, two Portland police officers received a radio dispatch reporting that there had been a shooting at defendant's house. As the officers approached the house, defendant...

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