State v. Phillips

Defendant has appealed from a judgment of conviction of first degree murder. At the time of the alleged murder he was 17% years old. He was remanded to adult court by the juvenile court for trial. The following is a construction of the evidence most favorable to the state, as is required after conviction. U. S. National Bank v. Lloyd’s, 239 Or 298, 315, 382 P2d 851, 396 P2d 765 (1964); Durkoop v. Mishler et al, 233 Or 243, 246, 378 P2d 267 (1963).

The defendant was a high school student with an intelligence quotient of 116 (bright normal). In the middle of the night he arose from his bed and…