State v. Barton

Defendant appeals from a conviction of first degree murder. ORS 163.010 (1). He was jointly indicted with Tina Lee Tremblay, Robert Antonio Tremblay and Raymond David Pister for killing Gary Eugene DeVillez on July 16, 1969. They were tried separately. Defendant assigns as error (1) the trial court’s instruction on certain presumptions, and (2) instruction on “felony murder” based on burglary. Our resolution of these assignments of error does not require a statement of facts.

Defendant failed to take proper exception to the instruction of which he complains. The exception made was:

“* * * [W]e…