State v. Gardner

Defendant was indicted for murder, ORS 163.115-(l)(b), and assault in the first degree, ORS 163.185, along with several other participants in a tavern fight which resulted in a death and several injuries. After an extensive trial, defendant was convicted of murder and three counts of assault in the second degree, ORS 163.175, and he appeals on the basis of several assignments of error.

First, defendant assigns as error the denial by the trial court of his motion for new trial and motion in arrest of judgment which raised for the first time constitutional challenges to the murder statute, ORS…