reversed on other grounds in Braley v. Gladden, 403 F.2d 858 (9th Cir.1968)
How later courts described this case
- reversed on other grounds in Braley v. Gladden, 403 F.2d 858 (9th Cir.1968)
- error in not submitting to the jury a not guilty form did not seriously affect the defendant's rights where the jury was instructed that it could find the defendant not guilty
- first-degree murder conviction modified to second degree murder when jury might have found defendant incapable of premeditation under proper instructions
- principle applied before enactment of Oregon Rules of Civil Procedure
Written by the judges who cited it.
The opinion
McAllister, c.j.,
dissenting.
I agree that the trial court erred in failing to *21 instruct the jury in accordance with the provisions of ORS 136.400 and further agree that said error was prejudicial. I believe we should remand the case to the circuit court for a new trial.