# State v. Braley

> Oregon Supreme Court · September 14, 1960 · 224 Or. 1

URL: https://www.frixlaw.com/law-library/cases/9554118

## Case

- **Full name:** State of Oregon v. Braley
- **Court:** Oregon Supreme Court
- **Decided:** September 14, 1960
- **Citations:** 224 Or. 1; 355 P.2d 467; 1960 Ore. LEXIS 590
- **Precedential status:** Published
- **Opinion:** Dissent by McAllister
- **Judges:** McAllister, Rossman, Warner, Perry, O'Connell, Goodwin, Millard
- **Cited by:** 51 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9554118

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9554118. Public record. Not legal advice.