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STATE v. SMITH

490 P.2d 1262 (1971)

STATE of Oregon, Respondent, v. Michael Webb SMITH, Appellant.

Supreme Court of Oregon.

Decided November 24, 1971.

Attorney(s) appearing for the Case

Howard R. Lonergan, Portland, argued the cause and filed briefs for appellant.

Walter L. Barrie, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and Jacob B. Tanzer, Sol. Gen., Salem.

Before O'CONNELL, C.J., and DENECKE, HOLMAN, TONGUE and BRYSON, JJ.

DENECKE, Justice.

The defendant was convicted of burglary. The Court of Appeals affirmed. 92 Or.Adv.Sh. 1103, 484 P.2d 1128 (1971). We granted the petition for review.

Defendant testified he had taken LSD several hours before the alleged burglary and was under the influence of the drug at the time. The defendant contends the trial court erred in giving the following instruction:

"I further instruct you that voluntary...

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