State v. Humphrey
This text of 548 P.2d 1318 (State v. Humphrey) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
In this case defendant was indicted for attempted murder, ORS 163.115 and 161.405, and found guilty on jury trial of the lesser crime of assault in the first degree, ORS 163.185. The only arguable question is whether three pictures received in evidence which displayed wounds to the victim’s head were so gruesome as to be prejudicial. The state was seeking by the pictures to show there was intent to murder. We have viewed the pictures and conclude that they were not prejudicial. We note in particular that the jury must not have found them prejudicial for it convicted only of assault.
Affirmed.
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Cite This Page — Counsel Stack
548 P.2d 1318, 25 Or. App. 329, 1976 Ore. App. LEXIS 1973, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-humphrey-orctapp-1976.