STATE v. LAKESIDE


561 P.2d 612 (1977)

277 Or. 569

STATE of Oregon, Petitioner, v. Ensio Ruben LAKESIDE, Respondent.

Supreme Court of Oregon, In Banc.

Decided March 17, 1977.


Attorney(s) appearing for the Case

James A. Hill, Jr., Asst. Atty. Gen., Salem, argued the cause for petitioner. With him on the briefs were Lee Johnson, Atty. Gen., Salem, and W. Michael Gillette, Sol. Gen., Salem.

Phillip M. Margolin, Portland, argued the cause for respondent. With him on the brief were Nash & Margolin, Portland.

Before DENECKE, C.J., and McALLISTER, O'CONNELL, TONGUE, HOWELL, BRYSON and LENT, JJ.


LENT, J.

Defendant was convicted by a jury of the crime of escape in the second degree and sentenced to the penitentiary. The Court of Appeals reversed and remanded for a new trial, holding that the trial court erred in instructing the jury, over defendant's prior objection, that: "Under the laws of this State a defendant has the option to take the witness stand to testify in his or her own behalf. If a defendant chooses not to testify, such a circumstance gives rise...

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