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PETTIBONE v. CUPP

No. 108008; CA 14238.

607 P.2d 742 (1979)

43 Or.App. 955

Andrew Walter PETTIBONE, Appellant, v. Hoyt C. CUPP, Superintendent, Oregon State Penitentiary, Respondent.

Court of Appeals of Oregon.

Decided December 31, 1979.

Attorney(s) appearing for the Case

Jay R. Jackson, Salem, argued the cause and filed the brief for appellant.

James M. Brown, 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 JOSEPH, P.J., and LEE and RICHARDSON, JJ.

JOSEPH, Presiding Judge.

This is an appeal from a judgment denying post-conviction relief. Petitioner had been convicted of murder. On direct appeal, his conviction was affirmed. State v. Pettibone, 30 Or.App. 1054, 569 P.2d 1093 (1977), rev. den. 281 Or. 99 (1978). He sought post-conviction relief on the ground that the jury was erroneously instructed concerning the burden of proof on mental disease or defect excluding responsibility and on partial...

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