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STATE v. GOSS

577 P.2d 78 (1978)

STATE of Oregon, Respondent, v. Samuel Thornton GOSS, Appellant.

Court of Appeals of Oregon.

Argued and Submitted February 22, 1978.

Attorney(s) appearing for the Case

Marianne Oswald, Deputy Public Defender, Salem, argued the cause for appellant. With her 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 LEE, RICHARDSON and JOSEPH, JJ.

SCHWAB, Chief Judge.

Defendant appeals from his conviction of murder, ORS 163.115, following a trial to the court and assigns as error the admission of evidence that he had committed or planned to commit crimes other than that with which he was charged in this case.

Defendant admitted that in January, 1977, he killed a gas-station attendant. At trial, he relied on the defenses of extreme emotional disturbance, ORS 163.115(1)(a),1

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