State v. Martinelli

Defendant, indicted for second degree murder, was convicted of involuntary manslaughter. ORS 163.-040 (2). He appeals.

The defendant and three others, all teen-agers, were riding about late one evening in the defendant’s car, which he drove during the period in question. Toward midnight while driving along a graveled road the defendant stopped the car on a railroad crossing. The defendant had consumed from four to five beers in the two previous hours. The lights were turned off. The vehicle remained parked across the railroad tracks for a minimum period of 15 minutes. At the conclusion of this…