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STATE v. NICHOLS

236 Or. 521 (1964)

388 P.2d 739

STATE OF OREGON v. NICHOLS

Supreme Court of Oregon.

Affirmed January 29, 1964.

Petition for rehearing denied March 10, 1964.

Attorney(s) appearing for the Case

Edward N. Fadeley, Eugene, argued the cause and filed briefs for appellant.

William F. Frye, District Attorney, Eugene, argued the cause and filed a brief for respondent.

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

AFFIRMED.

GOODWIN, J.

Defendant appeals from a conviction of second-degree murder.

The defendant took the stand and virtually admitted that he shot Hazel Nichols with a rifle and that she died as a result of the wound. He said the shooting was an accident. The prosecution contended that it was intentional, although without premeditation.

No witness, other than the defendant, saw the shooting. The defendant...

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