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STATE v. MATTHEWS

532 P.2d 250 (1975)

STATE of Oregon, Respondent, v. Vinson Emett MATTHEWS, Appellant.

Court of Appeals of Oregon.

Decided March 3, 1975.

Attorney(s) appearing for the Case

Robert C. Cannon, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Thomas H. Denney, 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 FOLEY and FORT, JJ.

FOLEY, Judge.

Defendant, 68, was charged with reckless murder. ORS 163.115(1)(b). He entered a plea of not guilty and filed notice with the circuit court of his intent to rely upon the affirmative defense that at the time of the conduct charged, as a result of mental disease or defect, he lacked "substantial capacity either to appreciate the criminality of his conduct or to conform his conduct to the requirements of law." ORS 161.295(1).

After a trial by jury...

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