State v. Henry

Defendant appeals his conviction for manslaughter in the first degree. He argues that the trial court erred by instructing the jury that first-degree manslaughter is a lesser-included offense of murder. We review for errors of law and affirm.

We have previously held that first-degree manslaughter is a lesser-included offense of murder. State v. Thayer, 32 Or App 193, 195-96, 573 P2d 758, rev den 283 Or 1 (1978). The Oregon Supreme Court also has apparently assumed that first-degree manslaughter is a lesser-included offense of murder. See, e.g., State v. Cunningham, 320 Or 47, 53, 880 P2d431…