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STATE v. DODSON

551 P.2d 484 (1976)

STATE of Oregon, Respondent, v. Vaughn Allen DODSON, Appellant.

Court of Appeals of Oregon.

Argued and Submitted April 28, 1976.

Attorney(s) appearing for the Case

Kevin O'Connell, Portland, argued the cause for appellant. With him on the brief were O'Connell, Goyak & Haugh, P.C., Portland.

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 FORT and LEE, JJ.

FORT, Judge.

Following his indictment for murder, ORS 163.115, and his raising of the defense of mental disease or defect, ORS 161.295, defendant was convicted of manslaughter, ORS 163.125. On appeal he raises three questions: (1) whether placing the burden of proving mental disease or defect on the defendant violates his right to due process of law, (2) whether statements made by the prosecutor in closing argument were sufficiently prejudicial to require a mistrial...

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