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STATE v. BOSTROM

467 P.2d 970 (1970)

STATE of Oregon, Respondent, v. Ralph Miles BOSTROM, Appellant.

Court of Appeals of Oregon, Department 2.

Decided April 16, 1970.

Opinion Withdrawn May 28, 1970.

Attorney(s) appearing for the Case

William G. Whitney, Portland, argued the cause and filed the brief for appellant.

Thomas H. Denney, Asst. Atty. Gen., Salem, for respondent. With him on the brief were Lee Johnson, Atty. Gen., and Jacob B. Tanzer, Sol. Gen., Salem.

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

LANGTRY, Judge.

Defendant appeals from conviction of sodomy, ORS 167.040. Defendant pleaded not guilty by reason of insanity. Preceding selection of a jury, the court heard testimony from defendant and two psychiatrists who had examined defendant as a basis from which to determine whether the defendant understood the nature of the proceedings and was able to assist in his own defense. Then the court found "that this man does...

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