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STATE v. FRANCIS

CA 7293; SC 25618.

588 P.2d 611 (1978)

284 Or. 621

STATE of Oregon, Respondent, v. Lioyd Edward FRANCIS, Petitioner.

Supreme Court of Oregon, In Banc.

Decided December 27, 1978.

Attorney(s) appearing for the Case

Robert C. Cannon, Deputy Public Defender, Salem, argued the cause for petitioner. With him on the brief was Gary D. Babcock, Salem.

Catherine Allan, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were James A. Redden, Atty. Gen., and Al J. Laue, Sol. Gen., Salem.

HOWELL, Justice.

Defendant was indicted1 by a grand jury and tried on one count of rape in the first degree, ORS 163.375, and one count of rape in the second degree, ORS 163.365. Defendant entered a plea of not guilty and filed notice of his intent to rely on an insanity defense, ORS 161.295, and a partial responsibility defense, ORS 161.300.2 The trial court granted the state's pretrial motion to exclude any...

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