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STATE v. FRANCIS

567 P.2d 558 (1977)

STATE of Oregon, Respondent, v. Lloyd Edward FRANCIS, Appellant.

Court of Appeals of Oregon.

Decided August 8, 1977.

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.

Catherine Allan, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were James A. Redden, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Before SCHWAB, C.J., and THORNTON and LEE, JJ.

SCHWAB, Chief Judge.

Appealing from his conviction for rape, defendant assigns as error the trial court's exclusion of evidence of partial responsibility and failure to instruct on that issue.

ORS 161.300 provides:

"Evidence that the actor suffered from a mental disease or defect is admissible whenever it is relevant to the issue of whether he did or did not have the intent which is an element of the crime."

The statutes defining rape, ORS...

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