State v. Miller

Defendant was indicted for the crime of murder. ORS 163.115(1). He pled not guilty and was tried and convicted by a jury of the lesser included offense of manslaughter in the first degree. ORS 163.118. Defendant appeals from the judgment of conviction entered upon that verdict. We affirm.

A brief summary of the relevant facts follows: On August 10, 1979, defendant and the victim, Richard Preston, spent the latter part of the evening in the same tavern; at the time of the incident that led to Preston’s death, the defendant was highly intoxicated. There was evidence that Preston was a verbally…