State v. Bailey

This is an appeal by the defendant from a judgment of the circuit court which found him guilty of the crime of first degree murder and ordered his execution. The judgment is based upon the verdict of a jury which did not make a recommendation for life imprisonment, as permitted by Art. I, § 37, Constitution of Oregon, and § 23-411, O. C. L. A. One Theodore E. Chambers, a sergeant in the Department of State Police, was the victim of the crime. According to the state, the homicide occurred April 29, 1945, in the basement of the Annex sehoolhouse which is located in Malheur county.

The defendant…