Show WAS NOT A MURDER I 1 REFLEX KILLING NOT A CRIME IN OREGON peculiar case in which one indian fell and struck another red man mail causing his its death united states judge B bellinger Belll nger has decided at portland ore that the killing of 0 a man by a reflex and wholly involuntary action Is not a crime at al though the accused may at the time be engaged in an unlawful pur pursuit sult the decision la Is said to be without parallel the ruling was made in the case ot of frank a warm springs indian charged with the murder ot of an indian policeman while resisting arrest while under the influence of liquor was riding horseback about the reservation grounds in a reckless manner two indian police men attempted to arrest him one seized the reins and endeavored to drag him from the saddle while the other went around behind the horse Winn isbutt who was trying to cut the bridle with a knife suddenly broke loose lost his balance and fell ell backward striking the other policeman in III such buch a manner as to kill him judge bellinger after hearing the tha evidence of the prosecution ordered the jury to return a verdict ot of acquittal and discharged the prisoner |