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Legal Opinion

State v. Amos Branch

Oregon Supreme Court

Decided June 22, 1966PublishedCited by 60 opinions

1Opinion of the CourtGoodwin, J.

The question now to be decided for the first time in this state is whether it is proper to give the “felony-murder” instruction in a case in which the only felony, apart from the killing charged in the indictment, was the included assault upon the victim with a dangerous weapon.

Amos Branch was indicted under ORS 163.010 ① (murder in the first degree) and was found guilty of murder in the second degree. ORS 163.020. ② He appeals.

The evidence established that Branch shot and killed Tommy Poole with a pistol as Poole was getting out of an automobile which was double-parked alongside Branch’s…

2Cases cited6 opinions

  1. People v. MoranNew York Court of Appeals · 1927
  2. State v. ReyesOregon Supreme Court · 1957
  3. State v. BraleyOregon Supreme Court · 1960
  4. State v. EssmanArizona Supreme Court · 1965
  5. People v. LuscombNew York Court of Appeals · 1944

1 more not listed; retrieve them via the Exa API.

3Cited by60 opinions

  1. People v. IrelandCalifornia Supreme Court · 1969
  2. State v. HeemstraSupreme Court of Iowa · 2006
  3. State v. GodseyTennessee Supreme Court · 2001
  4. People v. WilsonCalifornia Supreme Court · 1969
  5. Commonwealth v. GunterMassachusetts Supreme Judicial Court · 1998

55 more not listed; retrieve them via the Exa API.

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