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STATE v. McGAHUEY

230 Or. 643 (1962)

371 P.2d 669

STATE OF OREGON v. McGAHUEY

Supreme Court of Oregon.

Affirmed May 23, 1962.

Attorney(s) appearing for the Case

G.W. Kellington, Medford, argued the cause for appellant. With him on the brief was Robert D. Heffernan, Jr., Medford.

Alan B. Holmes, District Attorney, Medford, argued the cause and filed a brief for respondent.

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

Affirmed.

McALLISTER, C.J.

The defendant LeeRoy Sanford McGahuey was indicted for the murder of Rod Cameron Holt, a child 23 months of age. He entered a plea of not guilty and also gave notice of his intention to prove insanity as a defense. The jury found defendant guilty of murder in the first degree and did not recommend life imprisonment. The mandatory death sentence was imposed, and an automatic appeal has been...

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