State v. Wallace

On the 8th day of August, 1941, defendant fatally shot Benjamin H. Finkell. To the charge of murder in the first degree the defendant entered a plea of not guilty.

The Oregon statute provides:

“All matters of fact tending to establish a defense to the charge in the indictment or information, other than those specified in the third subdivision of section 26-841, and except as herein provided, may be given in evidence under the plea of not guilty; provided, however, that where the defendant pleads not guilty and purposes to show in evi dence that he was insane or mentally defective at the time of…