STATE v. CUMMINGS


576 P.2d 36 (1978)

33 Or.App. 265

STATE of Oregon, Respondent, v. Robert David CUMMINGS, Appellant.

Court of Appeals of Oregon.

Decided March 20, 1978.


Attorney(s) appearing for the Case

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

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 JOHNSON, JOSEPH and ROBERTS, JJ.


JOHNSON, Judge.

Defendant appeals his conviction following a jury trial for burglary in the second degree, disorderly conduct, carrying a dangerous weapon with intent to use, and unauthorized use of a vehicle. His principal assignments of error concern the court's failure to give one of his requested instructions and the court's denial of his motion for a mistrial.

Defendant requested that the jury be given an instruction on the crime of menacing on the grounds...

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