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STATE v. BAUCOM

561 P.2d 641 (1977)

28 Or.App. 757

STATE of Oregon, Respondent, v. John Edward BAUCOM, Appellant.

Court of Appeals of Oregon.

Decided March 21, 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.

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 LEE and TANZER, JJ.

SCHWAB, Chief Judge.

Defendant appeals from his conviction after a trial without a jury of assault in the first degree. ORS 163.185. Defendant admitted committing the assault and relied at trial on the affirmative defense of mental disease or defect. ORS 161.295(1). Defendant argues that the court (1) improperly excluded the testimony of a psychiatric social worker as to whether defendant was suffering from a mental disease or defect at the time he committed the assault...

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