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STATE v. BOOTH

CA 7261; SC 25617.

588 P.2d 614 (1978)

284 Or. 615

STATE of Oregon, Respondent, v. Hubert Brian BOOTH, 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, Public Defender, Salem.

Catherine Allan, Asst. Atty. Gen., Salem, argued the cause for respondent.

HOWELL, Justice.

Defendant was charged under ORS 164.0551 with unlawfully and knowingly committing theft of a ring from a jewelry store. He gave notice of intent to rely on the defense of insanity under ORS 161.295 and partial responsibility under ORS 161.300.2 The trial court instructed on the insanity defense contained in ORS 161.295. Defendant's request for an instruction...

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