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STATE v. STILLING

C 76-08-11946; CA 7651; SC 25737.

590 P.2d 1223 (1979)

285 Or. 293

STATE of Oregon, Respondent, v. Steven Michael STILLING, Petitioner.

Supreme Court of Oregon.

Decided February 21, 1979.

Attorney(s) appearing for the Case

Phillip M. Margolin, Portland, argued the cause for petitioner. With him on the brief was Nely L. Johnson, Metropolitan Public Defender, Portland.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., W. Michael Gillette, Sol. Gen., and James C. Rhodes, Asst. Atty. Gen., Salem.

Before HOLMAN, P.J., and TONGUE, HOWELL, BRYSON, LENT and LINDE, JJ.

LENT, Justice.

Defendant was convicted by a jury of burglary in the first degree. ORS 164.225. His conviction was appealed to and affirmed by the Court of Appeals, State v. Stilling, 31 Or.App. 703, 571 P.2d 184 (1977). Review was allowed to determine (1) whether the trial court erred in giving an instruction to the jury which states that there is a disputable presumption that one intends the ordinary consequences of one's...

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