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STATE v. JOHNSON

87-CR-310; CA A46102.

760 P.2d 1345 (1988)

93 Or.App. 61

STATE of Oregon, Respondent, v. Bruce T. JOHNSON, Appellant.

Court of Appeals of Oregon.

Decided September 7, 1988.

Attorney(s) appearing for the Case

Ingrid A. MacFarlane, Salem, argued the cause for appellant. With her on the brief was Gary D. Babcock, Public Defender, Salem.

Margaret Rabin, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Linda DeVries Grimms, Asst. Atty. Gen., Salem.

Before WARDEN, P.J., and VAN HOOMISSEN and GRABER, JJ.

PER CURIAM.

Defendant appeals his conviction for burglary in the second degree. He contends that the trial court erred in instructing the jury on evidence of flight. Because defendant took no exception to the giving of the instruction, the state urges us not to consider it, even though it was error. State v. Stilling, 285 Or. 293, 304, 590 P.2d 1223

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