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STATE v. BUNYEA

No. C 78-09-14411; CA 13891.

606 P.2d 685 (1980)

44 Or.App. 611

STATE of Oregon, Respondent, v. Robert Michael BUNYEA, Appellant.

Court of Appeals of Oregon.

Decided February 19, 1980.

Attorney(s) appearing for the Case

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

W. Benny Won, 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.

Convicted of rape in the first degree1 after trial by jury, defendant on appeal assigns as error: (1) failure to give his requested jury instructions on mistake of fact2 and the statutory definition of "knowingly,"3 and (2) the court's instruction to the jury on aiding and abetting.4

Defendant and a friend named Phillips...

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