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STATE v. BRANCH

244 Or. 97 (1966)

415 P.2d 766

STATE OF OREGON v. AMOS BRANCH

Supreme Court of Oregon.

Affirmed as modified June 22, 1966.

Attorney(s) appearing for the Case

Howard R. Lonergan, Portland, argued the cause for appellant. With him on the briefs was Fred Jensen, Portland.

George M. Joseph, Deputy District Attorney, Portland, argued the cause for respondent. With him on the brief was George Van Hoomissen, District Attorney, Portland.

Before McALLISTER, Chief Justice, and PERRY, SLOAN, GOODWIN, DENECKE, HOLMAN and HAMMOND, Justices.

AFFIRMED AS MODIFIED.

GOODWIN, J.

The question now to be decided for the first time in this state is whether it is proper to give the "felony-murder" instruction in a case in which the only felony, apart from the killing charged in the indictment, was the included assault upon the victim with a dangerous weapon.

Amos Branch was indicted under ORS 163.0101 (murder in the first degree) and was found guilty of murder in the...

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