STATE v. UMSCHEID


572 P.2d 362 (1977)

STATE of Oregon, Respondent, v. Michael Lynn UMSCHEID, Appellant.

Court of Appeals of Oregon.

Decided December 19, 1977.


Attorney(s) appearing for the Case

Stephanie A. Smythe, Deputy Public Defender, Salem, argued the cause for appellant. With her 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 James A. Redden, Atty. Gen., and Al J. Laue, Sol. Gen., Salem.

Before SCHWAB, C.J., and TANZER and ROBERTS, JJ.


TANZER, Judge.

Defendant appeals from a conviction of murder. The state's evidence indicated that defendant murdered a grocery store owner for a fee. The defenses of insanity and partial responsibility were tendered, supported by testimony that defendant had used liquor and drugs to excess and psychiatric evidence as to the effect of such intoxicants upon defendant.

The trial court instructed the jury, pursuant to...

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