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STATE v. SMALLWOOD

561 P.2d 600 (1977)

277 Or. 503

STATE of Oregon, Respondent, v. Redgie Eugene SMALLWOOD, Petitioner.

Supreme Court of Oregon, In Banc.

Decided March 17, 1977.

Attorney(s) appearing for the Case

Howard R. Lonergan, Portland, argued the cause and filed briefs for petitioner.

W. Michael Gillette, Sol. Gen., Salem, argued the cause for respondent. With him on the brief was Lee Johnson, Atty. Gen., Salem.

Before HOLMAN, P.J., and TONGUE, HOWELL, BRYSON, LINDE, MENGLER and BRADSHAW, JJ.

HOLMAN, Justice.

Defendant was convicted of the crime of murder. The judgment of conviction was affirmed by the Court of Appeals. 25 Or.App. 251, 548 P.2d 1346 (1976). This court granted review.

Defendant gave notice under ORS 163.135(1) and (2) that he would introduce expert testimony of extreme mental or emotional disturbance. Thereafter the state had him examined by its psychiatrist under ORS 163.135(4). Evidence was admitted...

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