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STATE v. BLOCHER

499 P.2d 1346 (1972)

STATE of Oregon, Respondent, v. Connie R. BLOCHER, Appellant.

Court of Appeals of Oregon, Department 2.

Decided July 27, 1972.

Rehearing Denied August 23, 1972.

Review Denied September 6, 1972.

Attorney(s) appearing for the Case

F.E. Glenn, Deputy Public Defender, Salem, argued the cause for appellant. With him on the briefs was Gary D. Babcock, Public Defender, Salem.

John L. Snyder, Dist. Atty., Dallas, argued the cause and filed the briefs for respondent.

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

LANGTRY, Judge.

Defendant was indicted for the second degree murder of her stepchild, a three-year-old girl, and convicted of voluntary manslaughter. She appeals, alleging that (1) the evidence was insufficient to go to the jury, (2) an instruction and verdict on a lesser included offense was erroneous, and (3) the instruction based on the statute saying that a witness is presumed to tell the truth denied her the presumption...

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