STATE v. BELCHER

91-11-36074; CA A75968.

860 P.2d 903 (1993)

124 Or. App. 30

STATE of Oregon, Respondent, v. Frederick Douglas BELCHER, Appellant.

Court of Appeals of Oregon.

Decided October 20, 1993.


Attorney(s) appearing for the Case

Mary M. Reese, Deputy Public Defender, argued the cause for appellant. With her on the brief was Sally L. Avera, Public Defender.

Janet A. Klapstein, Asst. Atty. Gen., argued the cause for respondent. With her on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Before ROSSMAN, P.J., and De MUNIZ and LEESON, JJ.


ROSSMAN, Presiding Judge.

Defendant appeals his conviction for manslaughter in the first degree. ORS 163.118(1). The issue is whether the trial court erred when it denied defendant's motion for judgment of acquittal. Defendant's theory was that his severe intoxication negated the inference that he acted with "extreme indifference to the value of human life." We affirm.

The evidence showed that defendant drove with a blood alcohol content of .23 percent, failed...

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