Manslaughter in the first degree
Source:
Section 163.118 — Manslaughter in the first degree, https://www.oregonlegislature.gov/bills_laws/ors/ors163.html.
Notes of Decisions
Under former similar statute (ORS 163.115)
One cannot “attempt” a crime involving an element of recklessness. State v. Smith, 21 Or App 270, 534 P2d 1180 (1975), Sup Ct review denied
In general
In trial of defendant charged under this section, both state and defendant were entitled to instruction on lesser included offense of criminally negligent homicide under ORS 163.145. State v. Goldsberry, 30 Or App 1087, 569 P2d 646 (1977), Sup Ct review denied
Where defendant, charged with and convicted of murder, requested instruction on “partial responsibility” defense as to this section or ORS 163.125 (manslaughter), proof of intent was not required for conviction of lesser included manslaughter offenses and requested instruction was properly refused. State v. Armstrong, 38 Or App 219, 589 P2d 1174 (1979), Sup Ct review denied
Where there was evidence that victim was instigator of shooting, that he assaulted defendant’s girlfriend and defendant’s relatives present at the time of shooting and girlfriend testified to extreme fright and concern for small children in vicinity as result of victim’s erratic behavior, jury was warranted in not finding the absence of extreme emotional disturbance to have been proven beyond a reasonable doubt as required to convict for attempted murder and instruction on attempted manslaughter was proper. State v. Carson, 292 Or 451, 640 P2d 586 (1982)
Under evidence that defendant was participating in a game of “Russian roulette,” his mental state at the time he handed a gun to decedent which discharged and caused decedent’s death was vital to manslaughter conviction and refusal of trial judge to give requested instruction focusing on this conduct was error. State v. Van Gorder, 56 Or App 83, 641 P2d 584 (1982), Sup Ct review denied
“Extreme indifference to human life” does not create additional mens rea requirement. State v. Belcher, 124 Or App 30, 860 P2d 903 (1993), Sup Ct review denied
First degree manslaughter is lesser-included offense of murder. State v. Henry, 138 Or App 286, 907 P2d 1133 (1995)
First degree manslaughter is not lesser included offense to aggravated murder. State v. Merideth, 149 Or App 164, 942 P2d 803 (1997), Sup Ct review denied
Where defendant is charged with causing death of dependent person, “recklessly” refers to disregarding risk of causing death and not to disregarding risk of causing circumstance that later results in death. State v. Crosby, 342 Or 419, 154 P3d 97 (2007)
Reversal of conviction for manslaughter was required where use of jury instruction requiring jury to consider circumstances which reflect defendant’s lack of concern for social and legal responsibility allowed jury to conclude that recklessness alone was sufficient to prove “extreme indifference to the value of human life” as required under this section. State v. Downing, 276 Or App 68, 366 P3d 1171 (2016)
Law Review Citations
In general
18 WLR 186 (1982); 48 WLR 273 (2011)
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