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STATE v. KERRIGAN

No. 16907; CA A27776.

678 P.2d 271 (1984)

67 Or.App. 399

In the matter of John Kerrigan, Alleged to Be a Mentally Ill Person. STATE of Oregon, Respondent, v. John KERRIGAN, Appellant.

Court of Appeals of Oregon.

Decided March 21, 1984.

Attorney(s) appearing for the Case

Steven L. Krasik, Salem, argued the cause and filed the brief for appellant.

Christine A. Chute, 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 L. Dickey, Asst. Atty. Gen., Salem.

Before RICHARDSON, P.J., and VAN HOOMISSEN and NEWMAN, JJ.

RICHARDSON, Presiding Judge.

Defendant appeals an order of commitment. We review de novo, State v. O'Neill, 274 Or. 59, 545 P.2d 97 (1976), to determine whether there was "clear and convincing evidence" that defendant was "mentally ill" and was properly committed. ORS 426.130. We affirm.

"Clear and convincing" means the "truth of the facts asserted is highly probable." State v. Sterzicg, 47...

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