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STATE OF OREGON v. GARVER

190 Or. 291 (1950)

225 P.2d 771

STATE OF OREGON v. GARVER

Supreme Court of Oregon.

Reversed and remanded December 19, 1950.

Attorney(s) appearing for the Case

Claude M. Johns, Jr., of Portland, argued the cause for appellant. With him on the brief was Henry A. Buehner, of Portland.

J. Raymond Carskadon and Charles E. Raymond, Deputy District Attorneys for Multnomah County, of Portland, argued the cause for respondent. With them on the brief was John B. McCourt, District Attorney for Multnomah County, of Portland.

Before LUSK, C.J., and BRAND, ROSSMAN, HAY, LATOURETTE and WARNER, Justices.

REVERSED AND REMANDED.

LUSK, C.J.

The defendant, Robert Edgar Garver, has appealed from a conviction of first degree murder. The jury, by its verdict, did not recommend life imprisonment, and the death penalty followed as a matter of course.

The indictment charged Garver and two others, Norman Carroll Andrus and Leland Delbert Marshall, with shooting and killing one Ancell Abbott in the course of an attempt...

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