State of Oregon v. Berry and Walker

ON THE MERITS

*75Nathan Ail, Deputy District Attorney for Multnomah County, *76Jonathan Edwards argued the cause for respondents. ROSSMAN, J.

This is an appeal by the state from a judgment in favor of the defendant, Thomas Gr. Walker, which the circuit court entered after it had directed a verdict in his favor. The indictment charged the defendant-respondent with the crime of negligent homicide as that offense is defined in ORS 163.090. It named as coindictee Richard L. Berry.

The state submits two assignments of error. The first contends that the circuit court erred when it ruled that the negligent…