Opinion
Argued May 8, Affirmed May 28, 1969
Appeal from Circuit Court, Multnomah County.
DEAN F. BRYSON, Judge.
Kenneth C. Hadley, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.
Billy L. Williamson, Deputy District Attorney, Portland, argued the cause for respondent. With him on the brief was George Van Hoomissen, District Attorney, Portland.
Before McALLISTER, Presiding Justice, and O'CONNELL and DENECKE, Justices.
AFFIRMED.
The defendant was found guilty of manslaughter by abortion by the trial court sitting without a jury. He contends that there was no evidence to support the trial court's findings that he was capable of assisting in his own defense and that he was sane as judged by the M'Naghten rule.
This is another case in which the conduct of the defendant was a product of mental illness, in this case schizophrenic reaction, paranoid type. See State v. Van Kleeck, 248 Or. 7, 432 P.2d 175 (1967). Nevertheless, there was evidence to support the trial court's findings. Contrary to the defendant's assertion, the trial court did correctly analyze the medical testimony.
Affirmed.