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STATE v. STOCKETT

558 P.2d 1241 (1977)

28 Or.App. 35

STATE of Oregon, Respondent, v. Joseph Charles STOCKETT, Appellant.

Court of Appeals of Oregon.

Decided January 10, 1977.

Attorney(s) appearing for the Case

Patrick B. Gilmore, Certified Law Student, 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 Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

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

RICHARDSON, Judge.

Defendant was indicted for first degree arson, ORS 164.325, but was convicted of the lesser included offense of second degree arson, ORS 164.315.1 Defendant interposed affirmative defenses of mental disease or defect excluding responsibility, ORS 161.295, and diminishing intent, ORS 161.300. He assigns as error the failure of the court to give an instruction on mental disease or defect diminishing intent. He also challenges...

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