State v. Franklin

Defendant was indicted for murder pursuant to OES 163.115, convicted by a jury, and appeals, asserting as error the denial of his motion for a mistrial. He also contends that OES 163.115(4), which requires imposition of a life sentence for murder, violates Oregon Constitution, Art I, §§ 15 and 16. Defendant cites no authority for this latter proposition, and we hold it has no merit.

The evidence showed that a two-year-old child, Jody Lee St. George, died from suffocation caused by tape having been placed in and over his mouth. Defendant had been living with Mrs. St. George and her three…