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STATE v. SHAFFER

464 P.2d 840 (1970)

STATE of Oregon, Respondent, v. Michael LaVern SHAFFER, Appellant.

Court of Appeals of Oregon, Department 2.

Decided February 5, 1970.

Rehearing Denied March 3, 1970.

Attorney(s) appearing for the Case

Ken C. Hadley, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Gary D. Gortmaker, Dist. Atty., Salem, argued the cause and filed the brief for respondent.

Before SCHWAB, C.J., and LANGTRY and FOLEY, JJ.

SCHWAB, Chief Judge.

The defendant was convicted upon trial by jury of holding a prison officer as a hostage in violation of ORS 163.635(1) which provides:

"A prisoner in the Oregon State Penitentiary * * * who wilfully holds a person as a hostage within such institution shall be punished upon conviction * * *."

On appeal defendant contends that the trial court erred in instructing the jury that:

"Now `hostage' is defined for you as a correctional...

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