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STATE v. LOCKE

491 P.2d 214 (1971)

STATE of Oregon, Respondent, v. Jimm Bob LOCKE, Appellant.

Court of Appeals of Oregon, Department 1.

Petition for Rehearing Filed November 8, 1971.

Review Denied January 25, 1972.

Attorney(s) appearing for the Case

Walter L. Barrie, Asst. Atty. Gen., Lee Johnson, Atty. Gen., and John W. Osburn, Sol. Gen., Salem, for the petition.

No appearance contra.

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

On Respondent's Petition for Rehearing Filed November 8, 1971.

LANGTRY, Judge.

The state has earnestly argued for a rehearing. This case was appealed with the limited transcript of only the defendant's testimony. None of the prosecution testimony was transcribed and in the record.

In our earlier opinion, 489 P.2d 991, we stated whether any self-defense instruction should have been given "is a close question."

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