State v. McGahuey

McAllister, c. j.

The defendant LeeRoy Sanford McGahuey was indicted for the murder of Rod Cameron Holt, a child 23 months of age. He entered a plea of not guilty and also gave notice of his intention to prove insanity as a defense. The jury found defendant guilty of murder in the first degree and did not recommend life imprisonment. The mandatory death sentence was imposed, and an automatic appeal has been taken to this court pursuant to ORS 138.410-138.430.

The only error assigned is the refusal of the court to withdraw the charge of murder in the first degree from consideration by the jury.…