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STATE v. NYE

543 P.2d 1041 (1975)

STATE of Oregon, Respondent, v. Rocky NYE, Petitioner.

Supreme Court of Oregon, In Banc.

Decided December 26, 1975.

Attorney(s) appearing for the Case

John K. Hoover, Deputy Public Defender, Salem, argued the cause for petitioner. With him on the briefs was Gary D. Babcock, Public Defender, Salem.

Scott McAlister, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the briefs were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

HOWELL, Justice.

This is a petition to review the decision of the Court of Appeals in State v. Nye, 20 Or.App. 454, 532 P.2d 42 (1975), which affirmed a conviction of the crime of burglary in the first degree. At trial, the defendant had requested a jury instruction on the crime of sexual abuse.1 The trial court denied his request, and the Court of Appeals affirmed from the bench. We granted the petition for review in this case...

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