State v. Akridge

Defendant appeals from his conviction of murder per ORS 163.115.

Defendant’s first assignment of error is that the trial court incorrectly instructed the jury on the phrase “extreme emotional disturbance.” ORS 163.-125(1)(b) provides:

“(1) Criminal homicide constitutes manslaughter when:

“(b) A homicide which would otherwise be murder is committed under the influence of extreme emotional disturbance, which disturbance is not the result of his own intentional, knowing, reckless or criminally negligent act, and for which disturbance there is a reasonable explanation

The court’s instruction on this…