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STATE v. ELLIOTT

234 Or. 522 (1963)

383 P.2d 382

STATE OF OREGON v. ELLIOTT

Supreme Court of Oregon.

Reversed with instructions for new trial June 19, 1963.

Attorney(s) appearing for the Case

Leo Levenson, Portland, argued the cause and filed a brief for appellant.

George Van Hoomissen, District Attorney for Multnomah County, argued the cause and filed a brief for respondent.

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

REVERSED WITH INSTRUCTIONS FOR NEW TRIAL.

PERRY, J.

The defendant was convicted of the crime of manslaughter by abortion, and appeals.

The evidence discloses that a teen-age girl became pregnant. There is evidence from which the jury could have found that she became mentally overwrought by her condition and on two occasions attempted self-destruction. There is further evidence that the defendant performed the abortion.

1. The defendant contends...

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