State v. Simmons

Defendant was convicted of criminally negligent homicide. 1 The issues on appeal relate to whether defendant’s negligence was the legal cause of decedent’s death. See, State v. Petersen, 270 Or 166, 526 P2d 1008 (1974).

Defendant and the decedent, defendant’s brother-in-law, were together for approximately 24 hours preceding the death. The decedent arrived at defendant’s house on a visit from Missouri at about 9 p.m. Thereafter, the two men stayed up all night talking and watching television. At 6 a.m. they drove to Nyssa in the decedent’s vehicle for breakfast. After eating they went to the…