State v. Andrews

Defendant was charged with manslaughter,. ORS 163.125, by the following indictment:

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“The said defendant on or about the 9th day of January, 1973, in the County of Jefferson, State of Oregon, did unlawfully and recklessly, without justification or excuse, cause the death of Yera Gilbert by driving an automobile operated by him into an automobile operated by the said Yera Gilbert, contrary to the statutes in such cases made and provided, and against the peace and dignity of the State of Oregon.

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The trial court sustained defendant’s demurrer on the grounds that the indictment…