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STATE v. HOUSE

485 P.2d 33 (1971)

STATE of Oregon, Appellant, v. Darlene Marie HOUSE and James Gerald House, Respondents.

Court of Appeals of Oregon, In Banc.

Decided May 13, 1971.

Reargued and Submitted April 23, 1971.

Rehearing Denied June 15, 1971.

Review Granted August 10, 1971.

Attorney(s) appearing for the Case

Jacob B. Tanzer, Sol. Gen., Salem, argued the cause for appellant. With him on the brief were Lee Johnson, Atty. Gen., and Alan H. Johansen, Asst. Atty. Gen., Salem.

Donald C. Walker, Portland, argued the cause for respondents. With him on the brief was Terry W. Baker, Portland.

Argued and Submitted before Department 2 January 20, 1971.

THORNTON, Judge.

Defendants were indicted for the murder of their infant child. The indictment states:

"The * * * defendants are accused * * * of the crime of FIRST DEGREE MURDER committed as follows: "The said defendants on or about the 15th day of October, 1969, in the County of Multnomah, State of Oregon, and the said defendants being the mother and father of and having care,...

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