State v. Mattingly

Defendant was convicted of murder, ORS 163.-115(1)(b). ① He assigns as error the trial court’s failure to give his requested instructions on the lesser included crime of criminally negligent homicide.

On November 2, 1974, defendant picked up his two children at the apartment nf his estranged wife, the victim, pursuant to his biweekly visitation rights. He returned the children about 5:30 the following day, eight or nine hours prior to the murder. About 2 a.m. defendant, after having spent the evening in various taverns, decided to return to his wife’s apartment.

A violent fight occurred in…