STATE v. OTT

No. 80-522-C; CA A23254.

659 P.2d 388 (1983)

61 Or.App. 576

STATE of Oregon, Respondent, v. Calvin Roy OTT, Appellant.

Court of Appeals of Oregon.

Decided February 16, 1983.

Reconsideration Denied April 1, 1983.


Attorney(s) appearing for the Case

Donald F. Myrick and Donald H. Coulter, Grants Pass, argued the cause for appellant. On the brief were Donald H. Coulter and Myrick, Coulter, Seagraves, Myrick & Adams, Grants Pass.

William F. Gary, Sol. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Christine L. Dickey, Asst. Atty. Gen., Salem.

Before RICHARDSON, P.J., THORNTON, Senior Judge, and VAN HOOMISSEN, J.


RICHARDSON, Presiding Judge.

Defendant appeals his conviction for the murder of his wife. Former ORS 163.115(1).1 He makes six assignments of error. We affirm.

It is unnecessary to detail the facts of the homicide in discussing the assignments of error. There was no dispute that defendant intentionally killed his wife; the principal issue at trial was defendant's defense of extreme emotional disturbance which would allow the jury...

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