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STATE v. SEGNER

No. CR78-6-27; CA 12797.

600 P.2d 916 (1979)

42 Or.App. 397

STATE of Oregon, Respondent, v. Joseph Hamilton SEGNER, Appellant.

Court of Appeals of Oregon.

Decided October 1, 1979.

Attorney(s) appearing for the Case

David E. Groom, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Melinda L. Bruce, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Before SCHWAB, C.J., and LEE, GILLETTE and CAMPBELL, JJ.

LEE, Judge.

Defendant appeals his conviction by jury verdict of murder, ORS 163.115.1 There are three assignments of error. Defendant contends that the circuit court erred in failing to give defendant's requested instruction that should the jury find him innocent by reason of mental disease or defect, he would not be released into society, but instead would be placed in a mental institution.2 Defendant further...

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