State v. Oliver

Defendant was found guilty by jury verdict of two counts of murder. ORS 163.115 (l)(a). On appeal he contends the trial court erred in not instructing the jury on the elements of manslaughter as a lesser included offense. This contention is based on the premises that there was substantial evidence that defendant was intoxicated at the time the homicides were committed, and that intoxication can reduce what would otherwise be murder to manslaughter.

The state’s evidence included references to de fendant and the two victims having consumed a quantity of alcohol over about a ten-hour period…