State v. Blair

Defendant appeals from a judgment of conviction for, inter alia, felony murder, ORS 163.115(l)(b), assigning error to the trial court’s denial of defendant’s demurrer and its refusal to give defendant’s requested special jury instruction. Defendant contends that the trial court erred in both respects because the state failed to allege in the indictment, and the trial court failed to instruct the jury that it was required to find, that defendant must have acted with a culpable mental state of at least criminal negligence in causing the death of the victim. As explained below, we conclude that…