State v. Capitan

494 P.2d 443 (1972)

STATE of Oregon, Respondent,

v.

Vincent Louis CAPITAN, Appellant.

Court of Appeals of Oregon, Department 2.

Argued and Submitted January 19, 1972.

Decided March 9, 1972.

William B. Crow, Portland, argued the cause and filed the briefs for appellant.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were John W. Osburn, Sol. Gen., and Lee Johnson, Atty. Gen., Salem.

Before SCHWAB, C.J., and LANGTRY and FORT, JJ.

LANGTRY, Judge.

Defendant appeals from conviction of first degree murder. ORS 163.010.

Defendant and Michael John "Bobby"…