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STATE v. WELLER

574 P.2d 1144 (1978)

32 Or.App. 619

STATE of Oregon, Respondent, v. Timothy Carl WELLER, Appellant.

Court of Appeals of Oregon.

Decided February 21, 1978.

Attorney(s) appearing for the Case

Stephen F. Crew, Certified Law Student, Portland, argued the cause for appellant. With him on the briefs was Linda L. Bergman, Portland.

Donald L. Paillette, 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 LEE and BUTTLER, JJ.

LEE, Judge.

Defendant appeals his conviction of theft in the second degree, ORS 164.045.1 Defendant contends that the trial judge committed reversible error by refusing to instruct the jury that insanity, having once been shown to exist, is presumed to continue until the contrary is shown.

The evidence shows that on January 9, 1977, defendant entered a grocery store and put some beer, cigarettes and nuts into a shopping cart, then...

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