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STATE v. BOOTH

567 P.2d 559 (1977)

30 Or.App. 351

STATE of Oregon, Respondent, v. Hubert Brian BOOTH, 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.

Defendant's appeal following his conviction for theft presents the opportunity to reexamine the "partial responsibility" doctrine in Oregon criminal law in the wake of the Supreme Court's decision in State v. Stockett, 278 Or. 637, 565 P.2d 739 (1977).

Two expert witnesses testified about defendant's mental aberrations at the time of the theft. The trial court did...

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