STATE v. ALLEN

CC C82-07-36518; CA A28862; SC S32405; S32418.

717 P.2d 1178 (1986)

301 Or. 35

STATE of Oregon, Respondent On Review/Petitioner On Review, v. Roger Scott ALLEN, Petitioner On Review/Respondent On Review.

Supreme Court of Oregon, In Banc.

Decided April 22, 1986.


Attorney(s) appearing for the Case

Phillip M. Margolin, Portland, argued the cause and filed the petition for petitioner/respondent on review.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent/petitioner on review. With him on the petition were Dave E. Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.


PER CURIAM.

We allowed review in this case to decide whether to approve a rule stated by the Court of Appeals, 76 Or.App. 263, 708 P.2d 1201 (1985), concerning how a trial court in a criminal case should instruct a jury on lesser included offenses.

In this case the trial court instructed the jury that if the jury found the defendant not guilty of kidnapping in the first degree, it should...

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