State v. Krause

Defendant was convicted of second degree murder for the shooting of his wife with a rifle. The indictment charged a felony murder in that defendant was accused of the carrying of the weapon with an intent to use the rifle against his stepson in violation of ORS 166.220 and in the process shot and killed his. wife. Defendant testified that before the shot was fired he had the gun in his hands for the purpose of examination for needed repair; that his wife came to the bedroom where he was and endeavored to take the rifle from Mm and that in the ensuing struggle the gun .discharged with the…