State v. Baker

Defendant seeks reversal of his conviction in a jury trial for manslaughter in the second degree, ORS 163.125, arising out of a motorcycle accident in which the defendant was driving and his fiancee, the victim, was riding as a passenger. He assigns error to the trial court’s failure to instruct the jury on assault in the fourth degree as a lesser included offense, to grant a new trial on the basis of newly discovered evidence and irregularities at trial, to admit expert testimony concerning the estimated speed at which defendant was driving at the time of the crash and to admit photographs…