State v. Shirley

Defendant and one Brown were jointly indicted for first degree murder. Defendant waived trial by jury and was convicted by the court of second degree felony murder. ORS 163.020 (1). He appeals, asserting error in the admission of hearsay evidence and on the further ground that as a matter of law he was not guilty of second degree felony murder.

A summary of the facts is necessary to an understanding of both contentions. The evidence was sufficient to establish that Brown was engaged in the wholesale drug traffic and that Shirley was associated with him therein. The decedent, Bruce Tucker,…