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STATE v. NUNN

212 Or. 546 (1958)

321 P.2d 356

STATE OF OREGON v. NUNN

Supreme Court of Oregon.

Affirmed January 29, 1958.

Attorney(s) appearing for the Case

A.E. Piazza and Sam B. Harbison, Medford, argued the cause and filed briefs for appellant.

A. Allen Franzke, Deputy District Attorney, Medford, argued the cause for respondent. With him on the brief were Thomas J. Reeder, District Attorney, and John C. Anicker, Jr., Deputy District Attorney, Medford.

Before PERRY, Chief Justice, and ROSSMAN, LUSK, BRAND, WARNER and KESTER, Justices.

AFFIRMED.

KESTER, J.

This is an appeal by defendant from a conviction of first degree murder and judgment of death. Since the jury did not recommend life imprisonment, the sentence of death was mandatory (ORS 163.010).

The charging part of the indictment is as follows:

"The said Billy Junior Nunn on the 19th day of April, 1956, in the said County of Jackson and State of Oregon, then and there being, did then and there unlawfully, wilfully...

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