STATE v. PORTER


562 P.2d 566 (1977)

29 Or.App. 67

STATE of Oregon, Respondent, v. Jerome Steven PORTER, Appellant.

Court of Appeals of Oregon.

Decided April 11, 1977.


Attorney(s) appearing for the Case

Gary L. Hooper, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Richard M. Sandvik, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

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


SCHWAB, Chief Judge.

Defendant appeals from his conviction following a trial to the court for burglary, ORS 164.225, and assigns as error the denial of his motions to transfer the proceedings to juvenile court and for a judgment of acquittal on the ground that the state's evidence failed to overcome a presumption of continuing insanity.

In 1973, defendant, aged 17, was declared to be a ward of the juvenile court for 80 years.1...

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