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STATE v. CARSON

No. CA 17606; SC 27943.

640 P.2d 586 (1982)

292 Or. 451

STATE of Oregon, Petitioner On Review, v. Frank Wesley CARSON, Respondent On Review.

Supreme Court of Oregon, In Banc.

Decided February 3, 1982.

Attorney(s) appearing for the Case

James E. Mountain, Deputy Sol. Gen., Salem, argued the cause for petitioner. With him on the brief was Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

James L. Susee, Salem, argued the cause for respondent. With him on the brief was Allen, Stortz, Barlow, Fox & Susee, Salem.

CAMPBELL, Justice.

Defendant was convicted of attempted manslaughter in the first degree under an indictment for attempted murder.1 The issue for decision is whether the evidence of extreme emotional disturbance was sufficient to justify giving the state's requested jury instruction on attempted manslaughter in an attempted murder prosecution. Defendant appealed to the Court of Appeals alleging the following assignments of error: The circuit...

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