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STATE v. DEAN

241 Or. 124 (1965)

404 P.2d 797

STATE OF OREGON v. DEAN

Supreme Court of Oregon.

Affirmed July 30, 1965.

Attorney(s) appearing for the Case

J. Raymond Carskadon, Portland, argued the cause and filed briefs for appellant.

George Joseph, Deputy District Attorney, Portland, argued the cause for respondent. On the briefs were George Van Hoomissen, District Attorney, Portland, and Desmond D. Connall, Deputy District Attorney, Portland.

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

AFFIRMED.

SLOAN, J.

Defendant was convicted of the second degree murder of a three year old boy, Richard Schmidt. The boy was the son of a woman named Jean Schmidt with whom defendant was living at the time of the alleged crime. The state's evidence was all circumstantial. Defendant claims it was not sufficient to support a verdict and that the trial court should have ordered a verdict of acquittal. The failure of the trial court to direct a verdict is the...

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