State v. Bartolon

Defendant was charged with the first degree murder of his wife on January 23, 1970. Upon its finding that there was failure of proof as to premeditation and malice, the trial court removed first and second degree murder and voluntary manslaughter from consideration of the jury, but submitted to it the included offense of involuntary manslaughter. A finding of fact whether the defendant was engaged in an unlawful act, namely, purposely pointing a firearm at Ms wife, ORS 163.320, or a lawful act “without due caution or circumspection” under ORS 163.040 (2), at the time the revolver he held…