STATE v. CARDWELL


538 P.2d 372 (1975)

STATE of Oregon, Respondent, v. Allan Oliver CARDWELL, Appellant.

Court of Appeals of Oregon.

Decided August 4, 1975.


Attorney(s) appearing for the Case

J. Marvin Kuhn, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Donald L. Paillette, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Before SCHWAB, C.J., and THORNTON and LEE, JJ.


PER CURIAM.

Defendant's sole contention on appeal is that the trial court erred in not instructing the jury to the effect that intoxication could be considered in determining whether defendant had a mental disease or defect at the time he is alleged to have shot the victim. We do not reach this question because defendant did not request the trial judge to give an instruction on this point nor did he except to any of the instructions that were given on the subject...

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