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STATE v. THOMAS

240 Or. 181 (1965)

400 P.2d 549

STATE OF OREGON v. THOMAS

Supreme Court of Oregon.

Affirmed April 2, 1965.

Attorney(s) appearing for the Case

Charles A. Telfer, Grants Pass, argued the cause and filed briefs for appellant.

Gary F. Hermann, District Attorney, Grants Pass, argued the cause for respondent. With him on the brief was Fred B. Robinson, Deputy District Attorney, Grants Pass.

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

AFFIRMED.

GOODWIN, J.

The defendant appeals from a conviction of involuntary manslaughter. He had been indicted and tried for first-degree murder.

The first question is whether a jury, upon a felony-murder indictment, may lawfully return a verdict of involuntary manslaughter.

The indictment alleged in effect that Norman Thomas and Jerry Oden beat Lloyd Harper to death in the course of robbing him. Oden was tried separately and was convicted...

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