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STATE v. WASHINGTON

543 P.2d 1058 (1975)

STATE of Oregon, Respondent, v. Billy Walker WASHINGTON, Petitioner.

Supreme Court of Oregon, In Banc.

Decided December 26, 1975.

Attorney(s) appearing for the Case

J. Marvin Kuhn, 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. Washington, 20 Or.App. 350, 531 P.2d 743 (1975), which affirmed a conviction of the crime of burglary in the first degree. At trial, petitioner had requested a jury instruction on theft in the second degree by receiving. The requested instruction was based on his version of the events leading up to his arrest. The trial court denied...

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