State v. Mitchell

Defendant was indicted for first degree murder. Former ORS 163.010. The case was tried to the court which found defendant guilty of second degree murder. On appeal defendant raises two assignments of error, one of which is that there was insufficient evidence upon which to base a conviction.

The evidence of the alleged crime and defendant’s participation was entirely circumstantial. Decedent’s nude body was found on the morning of December 3, 1970, in his apartment bed. A stocking tied around the decedent’s head bound his hands behind his head and, also, held a pillow case against his face,…