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STATE v. DILLON

546 P.2d 1090 (1976)

STATE of Oregon, Respondent, v. Edward DILLON, Appellant.

Court of Appeals of Oregon.

Decided March 15, 1976.

Attorney(s) appearing for the Case

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

Donald L. Paillette, 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 LEE, JJ.

FOLEY, Judge.

Defendant was convicted of assault in the first degree, ORS 163.185, by jury and sentenced to 10 years' imprisonment. Defendant's first assignment of error is the refusal of the trial court to give his requested instruction1 concerning his failure to testify. Instead, the court gave its own cautionary instruction in the following language:

"Now, the defendant has pleaded not guilty to the offense charged and in this...

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