SCHWAB, Chief Judge.
The broad issue in this case concerns the method whereby trial courts should determine whether they can instruct a jury on the elements of a crime other than that charged in an indictment. The narrow issue is whether, as defendant claims, the trial court could and should have instructed on the elements of theft at the conclusion of his burglary trial.
Defendant was charged with first degree burglary. ORS 164.225. There was evidence that...
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