State v. Flygare

Defendant was indicted on two counts of attempted murder, ORS 161.405 and ORS 163.115. One count involved his wife, from whom he was separated. The other count involved her then boyfriend, now her husband, with whom she was living. He was convicted on Count I of the lesser included crime of menacing, ORS 163.190, and of attempted manslaughter, ORS 161.405,163.125 (1) (b), on Count II. He was .sentenced to two and one-half years on Count II, which involved his wife, and Count I, involving the boyfriend, was dismissed. He appeals, asserting three errors.

First, he contends it was error for the…