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STATE v. GIBSON

No. C 78-07-11251; CA 12950, No. C 7809-14388; CA 12951.

600 P.2d 962 (1979)

42 Or.App. 575

STATE of Oregon, Respondent, v. Alvie Ray GIBSON, Appellant.

Court of Appeals of Oregon.

Decided October 8, 1979.

Attorney(s) appearing for the Case

Jeffrey C. Grant, Certified Law Student, Salem, argued the cause for appellant. With him on the brief were Gary D. Babcock, Public Defender, and Gary L. Hooper, Deputy Public Defender, Salem.

James C. Rhodes, 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.

Defendant was convicted after a jury trial of arson in the first degree.1 He assigns as errors denial of his motion for judgment of acquittal, denial of his request for a jury instruction on arson in the second degree as a lesser included offense, and denial of his request for an instruction on less satisfactory evidence. Only the second assignment merits discussion. It raises two issues: (1) whether arson in the...

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