State v. O'Berry

Defendant appeals from conviction of murder. ORS 163.115. His only assignment of error is that the court should have submitted to the jury the lesser included crime of manslaughter pursuant to a requested, written instruction which he had submitted to the court. The state has objected to our consideration of the point thus raised, because the defendant took no exception to the refusal to give the instruction. The submission of a written instruction saves the record and we will consider the assignment. Crow v. Junior Bootshops, 241 Or 135, 404 P2d 789 (1965).

The indictment charged the…