State v. McCauley

Defendant was charged in a single indictment with one count of second degree murder (ORS 163.-020), and, “as a part of the same act and transaction,” one count of manslaughter (ORS 163.040). He was found guilty by a jury of the crime of manslaughter and sentenced to imprisonment for an indeterminate period not to exceed six years. The defendant appeals asserting eight assignments of error.

On September 15, 1970, the defendant stabbed his wife, LouAnn McCauley, at the home of the victim’s grandmother. Mrs. McCauley was taken to the Myrtle Creek Hospital for treatment, where she died on…