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STATE v. DePUE

524 P.2d 562 (1974)

STATE of Oregon, Respondent, v. Bruce Lee DePue, Appellant.

Court of Appeals of Oregon.

Decided July 22, 1974.

Rehearing Denied August 22, 1974.

Review Denied September 4, 1974.

Attorney(s) appearing for the Case

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

Timothy Wood, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty Gen., and W. Michael Gillette, Sol. Gen., Salem.

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

LANGTRY, Judge.

Defendant appeals from conviction of murder. ORS 163.115. The only question raised in the appeal is whether the court erred in refusing to give a requested instruction in which the defendant attempted to explain ORS 161.295, "Effect of mental disease or defect,"1 in terms of "emotional" and "intellectual" knowledge as a basis for criminal responsibility.

The defendant, who did not testify, had admitted to police...

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