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STATE v. BRALEY

224 Or. 1 (1960)

355 P.2d 467

STATE OF OREGON v. BRALEY

Supreme Court of Oregon.

Affirmed as modified September 14, 1960.

Attorney(s) appearing for the Case

J. Raymond Carskadon, Portland, argued the cause and submitted a brief for appellant.

Charles R. Harvey, Deputy District Attorney, Portland, argued the cause for respondent. With him on the brief was Charles E. Raymond, District Attorney, Portland.

Before McALLISTER, Chief Justice, and ROSSMAN, WARNER, PERRY, O'CONNELL, GOODWIN and MILLARD, Justices.

AFFIRMED AS MODIFIED.

O'CONNELL, J.

The defendant, Harry William Braley, was indicted for the crime of murder in the first degree in violation of ORS 163.010 (1) for killing Judy Violet Knutson by stabbing her with a knife. The jury returned a verdict of guilty without recommendation for life imprisonment. From a judgment of death, an automatic appeal was ordered under ORS 138.810 (now ORS 138.410).

The fatal stabbing took place on Monday evening,...

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