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STATE v. TOELAER

39593; CA A31147.

688 P.2d 124 (1984)

70 Or.App. 164

STATE of Oregon, Respondent, v. David Clifford TOELAER, Appellant.

Court of Appeals of Oregon.

Decided September 26, 1984.

Attorney(s) appearing for the Case

Karen L. Uno, McMinnville, argued the cause, for appellant. With her on the brief were Jerry K. Brown, and Cummins, Cummins, Brown & Goodman, P.C., McMinnville.

Linda DeVries, Asst. Atty. Gen., Salem, argued the cause, for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

ROSSMAN, Judge.

Defendant seeks reversal of his conviction for resisting arrest, ORS 162.315, because of the trial court's refusal to give his requested instruction on the essential elements of the crime charged. We affirm.

The crime of resisting arrest is defined in ORS 162.315:

"(1) A person commits the crime of resisting arrest if he intentionally resists a person known by him to be a peace officer in making an arrest. "(2) `Resists,...

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