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STATE v. OTT

No. TC 80-522-C, CA A23254, SC 29428.

686 P.2d 1001 (1984)

297 Or. 375

STATE of Oregon, Respondent On Review, v. Calvin Roy OTT, Petitioner On Review.

Supreme Court of Oregon, In Banc.

Decided July 10, 1984.

Attorney(s) appearing for the Case

Donald H. Coulter, Myrick, Coulter, Seagraves, Myrick & Adams, Grants Pass, argued the cause and filed briefs for petitioner on review.

Christine L. Dickey, Asst. Atty. Gen., argued the cause for respondent on review. With her on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

LENT, Justice.

The primary issue is how a jury is to be instructed on "extreme emotional disturbance" for the purpose of determining whether a criminal homicide1 is murder or manslaughter. The defendant was charged with murder for killing his wife in April, 1980. It is undisputed that the defendant killed her intentionally; the dispute is whether he was under the influence of extreme emotional...

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