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MATTER OF JONES

85-1051; CA A43666.

770 P.2d 616 (1989)

95 Or.App. 756

IN THE MATTER OF MICHAEL JONES, Jr., a Child. STATE ex rel. JUVENILE Department of Lincoln County, Respondent, v. Michael JONES, Jr., Appellant.

Court of Appeals of Oregon.

March 22, 1989.

Attorney(s) appearing for the Case

Stephen A. Lovejoy, Lincoln City, and Jenny Cooke, Portland, argued the cause and filed the briefs for appellant.

Jonathan H. Fussner, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Teresa Ozias, Certified Law Student, Salem.

Before JOSEPH, C.J., and RIGGS and EDMONDS, JJ.

PER CURIAM.

The child appeals from the trial court's finding that he is within the jurisdiction of the juvenile court. The state sought to prove only murder, attempted murder and manslaughter. The trial court found that, if he were being tried as an adult, the child had committed manslaughter in the first degree. ORS 163.118. We review de novo and conclude that the state failed to prove beyond a reasonable doubt that the child killed or aided and abetted the...

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