State v. Cornell

In these two criminal cases, consolidated for the purposes of appeal, defendants each were charged with one count of aggravated murder, ORS 163.095(l)(e), and two counts of felony murder, ORS 163.115(l)(b), all the charges arising out of the death of the same victim. The section of the aggravated murder statute under which they were charged elevates murder to aggravated murder when the murder is committed “in the course of or as a result of intentional * * * torture of the victim.” ORS 163.095(l)(e). The trial court, in response to motions from both defendants, held that ORS 163.095(1) (e) is…