STATE v. VALASCO


543 P.2d 37 (1975)

STATE of Oregon, Respondent, v. Elden Carl VALASCO, Appellant.

Court of Appeals of Oregon.

Decided December 8, 1975.


Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, and John K. Hoover, Deputy Public Defender, Salem, filed the brief for appellant.

Lee Johnson, Atty. Gen., W. Michael Gillette, Sol. Gen., and Thomas H. Denney, Asst. Atty. Gen., filed the brief for respondent.

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


SCHWAB, Chief Judge.

Defendant was charged with, found guilty by a jury verdict and convicted of the crimes of burglary in the first degree and attempted murder. The burglarized premises was a pharmacy. At trial the defense presented was insanity, i.e., that the defendant acted out of a desire of self-destruction resulting from his depressed mental state. The state contended that the motive was the acquisition of narcotics and dangerous drugs.

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