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STATE v. STUBBLEFIELD

No. B50-452; CA 13886.

600 P.2d 469 (1979)

42 Or.App. 263

STATE of Oregon, Respondent, v. Calvin Dean STUBBLEFIELD, Appellant.

Court of Appeals of Oregon.

Decided September 17, 1979.

Attorney(s) appearing for the Case

Kathryn A. Wood, Eugene, argued the cause for appellant. With her on the brief was Public Defender Services of Lane County, Inc., Eugene.

Jan P. Londahl, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Before SCHWAB, C.J., and JOSEPH and ROBERTS, JJ.

JOSEPH, Judge.

Defendant appeals the judgment on his jury conviction of recklessly endangering another person. ORS 163.195.1 His sole contention is that the trial court erred in refusing his requested instruction on disorderly conduct (ORS 166.025(1)2) as a lesser included offense.

ORS 136.465 provides:

"In all cases, the defendant may be found guilty of any crime the commission of which is...

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