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STATE v. HARRIS

83122732; CA A32408.

688 P.2d 439 (1984)

70 Or.App. 353

STATE of Oregon, Respondent, v. Billy Dean HARRIS, Appellant.

Court of Appeals of Oregon.

Decided October 17, 1984.

Attorney(s) appearing for the Case

Kent Hickam, Albany, argued the cause and filed the brief for appellant.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were Dave Frohnmayer, Atty. Gen., James E. Mountain, Jr., Sol. Gen., and Christine Chute, Asst. Atty. Gen., Salem.

Before JOSEPH, C.J., and WARDEN and NEWMAN, JJ.

PER CURIAM.

It is doubtful whether defendant's exception to the jury's instruction was sufficient to raise the question urged on appeal. Assuming that it was sufficient, the judgment is affirmed. State v. Kohlasch, 11 Or.App. 459, 502 P.2d 1158 (1972).

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