State v. Ott

Defendant appeals his conviction for the murder of his wife. Former ORS 163.115(1). He makes six assignments of error. We affirm.

It is unnecessary to detail the facts of the homicide in discussing the assignments of error. There was no dispute that defendant intentionally killed his wife; the principal issue at trial was defendant’s defense of extreme emotional disturbance which would allow the jury to find him guilty of manslaughter in the first degree. Former ORS 163.115(2). The first two assignments of error concern instructions given by the court regarding the defense of extreme emotional…