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STATE v. THAYER

573 P.2d 758 (1978)

32 Or.App. 193

STATE of Oregon, Respondent, v. David Lee THAYER, Appellant.

Court of Appeals of Oregon.

Decided January 23, 1978.

Attorney(s) appearing for the Case

J. Marvin Kuhn, 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 James A. Redden, Atty. Gen., and Al J. Laue, Sol. Gen., Salem.

Before SCHWAB, C.J., and THORNTON and BUTTLER, JJ.

SCHWAB, Chief Judge.

Defendant appeals from his conviction by a jury of murder, ORS 163.115(1)(a), and assigns as error the trial court's failure to give requested instructions on manslaughter and criminally negligent homicide, and the court's refusal to permit defendant to impeach a state's witness by introducing evidence that the witness had lied on a previous occasion.

ORS 136.460 provides:

"Upon a charge for a crime consisting of different degrees...

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