Kelley v. Oregon

Ellsworth Kelley, plaintiff in error, James Willos and Tom Murray were jointly indicted by the grand jury of Marion County, Oregon, for the crime of murder in the first degree, under the provisions of § 1893, Oregon Laws, as follows:-

“ If any person shall purposely, and of deliberate and premeditated malice, or in the commission or attempt to commit any rape, arson, robbery, or burglary, kill another, such person shall be deemed guilty of murder in the first degree.”.it the time of the commission of the crime set forth in the indictment, Kelley and the two others accused with him were…