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STATE v. O'BERRY

503 P.2d 505 (1972)

STATE of Oregon, Respondent, v. Stephen Gregory O'BERRY, Appellant.

Court of Appeals of Oregon.

Decided November 24, 1972.

Rehearing Denied December 20, 1972.

Review Denied February 13, 1973.

Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for appellant.

Stephen H. Miller, Deputy Dist. Atty., Roseburg, argued the cause for respondent. On the brief was Doyle L. Schiffman, Dist. Atty., Roseburg.

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

LANGTRY, Judge.

Defendant appeals from conviction of murder. ORS 163.115. His only assignment of error is that the court should have submitted to the jury the lesser included crime of manslaughter pursuant to a requested, written instruction which he had submitted to the court. The state has objected to our consideration of the point thus raised, because the defendant took no exception to the refusal to give the instruction. The submission of a written instruction...

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