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STATE v. WELLER

TC DA 131119; CA 8785; SC 25745.

591 P.2d 732 (1979)

285 Or. 457

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

Supreme Court of Oregon, In Banc.

Decided March 8, 1979.

Attorney(s) appearing for the Case

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

Donald L. Paillette, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief was James A. Redden, Atty. Gen., and Al J. Laue, Sol. Gen.

LINDE, Justice.

Defendant was tried on a charge of second degree theft committed by taking merchandise from a grocery store without paying for it. In defense he asserted that he suffered from a mental disease or defect excluding criminal responsibility. ORS 161.295. The episode occurred on January 9, 1977. During the preceding months defendant had been involuntarily committed to Dammasch State Hospital for the mentally ill, from January 20 to May 10, 1976, and had...

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