State v. Cunningham

This is an appeal by the defendant from a judgment of the circuit court which adjudged him guilty of the crime of murder in the first degree and ordered his execution. The entry of the judgment was preceded by a. plea of not guilty and by a verdict of guilty returned without recommendation of the kind permitted by Constitution of Oregon, Art. I, § 37, and § 23-411, O. C. L. A. Richard F. Kerr was the victim of the alleged crime.

The appellant submits eight assignments of error. The first is based upon (a) the reception of evidence which indicated that, in addition to the fatal bullet, three…