State v. Foster

Defendant was convicted of manslaughter. His appeal from the conviction poses a question not previously considered by this court. To put the problem in perspective it will be better to relate the basic facts.

Defendant was charged with shooting and killing a woman during the course of a spree at a rural residence in Klamath county. It was claimed, in his defense, that defendant was not present when the shooting occurred. Some of the state’s evidence was that the shooting may have occurred at about 10 p.m. of the day of the event. One of the alleged eye-witnesses, Thompson, testified that it…