Legal Opinion

State v. Keys

Court of Appeals of Oregon

Decided April 5, 1976No. 75-2236-C-2, CA 5421PublishedCited by 21 opinions

1Opinion of the CourtSchwab, C. J.

Oregon Laws 1975, ch 577, § 1, p 1305, amended ORS 163.115(1)(a) to define murder as a homicide "committed intentionally by a person who is not under the influence of an extreme emotional disturbance.” Shortly after the amendment became effective defendant was indicted for murder, the indictment alleging he "did unlawfully and intentionally cause the death of another human being,” etc. Defendant demurred to this indictment on the ground that it did not state a crime, ORS 135.630(4), because it failed to allege that he was not under the influence of an extreme emotional disturbance, and that…

2Cases cited32 opinions

  1. Mullaney v. WilburSupreme Court of the United States · 1975
  2. Oregon v. HassSupreme Court of the United States · 1975
  3. Barnes v. United StatesSupreme Court of the United States · 1973
  4. Davis v. United StatesSupreme Court of the United States · 1895
  5. United States v. GaineySupreme Court of the United States · 1965

27 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. State v. RobertsWashington Supreme Court · 1977
  2. State v. ReamsCourt of Appeals of Oregon · 1980
  3. State v. HouseCourt of Appeals of Oregon · 1978
  4. State v. RouthCourt of Appeals of Oregon · 1977
  5. City of Portland v. AzizCourt of Appeals of Oregon · 1980

16 more not listed; retrieve them via the Exa API.

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