State v. Kyger

“Attempted aggravated murder involving the circumstance set out in ORS 163.095(1)(d) requires that the Defendant (1) intentionally; (2) caused the death of another human being; (3) when there was more than one murder victim in the same criminal episode”; and as set out in ORS 161.405 requires (4) “that an actor have “intentionally” engaged in “conduct” that constitutes a “substantial step” toward the commission of the crime.” State v. Kyger, 369 Or 363, 369, 375.

Defendant appealed a conviction for two counts of attempted aggravated murder. Defendant assigned error to the appellate court’s denial of his motion in arrest of judgment, arguing that his indictment lacked a necessary element. Defendant argued that attempted aggravated murder requires an aggravating circumstance to be present and it is not enough to allege a crime when the indictment accuses the Defendant only of intending to bring about an aggravating circumstance. The State argued that Defendant “intentionally engaged in conduct,” which would constitute a “substantial step towards the commission of the crime.” “Attempted aggravated murder involving the circumstance set out in ORS 163.095(1)(d) requires that the Defendant (1) intentionally; (2) caused the death of another human being; (3) when there was more than one murder victim in the same criminal episode”; and as set out in ORS 161.405 requires (4) “that an actor have “intentionally” engaged in “conduct” that constitutes a “substantial step” toward the commission of the crime.” State v. Kyger, 369 Or 363, 369, 375. The Court found that Defendant acted “intentionally” because he had the objective of killing more than one person in the same criminal episode. Further, the Court found that Defendant took a substantial step toward the commission of committing murder when he attempted to cause the death of the victims.  Affirmed.