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STATE v. ELAM

No. B45-113; CA 11103.

587 P.2d 491 (1978)

37 Or.App. 365

STATE of Oregon, Respondent, v. Clyde Dewayne ELAM, Jr., Appellant.

Court of Appeals of Oregon.

Decided December 4, 1978.

Attorney(s) appearing for the Case

Michael D. Linick, Eugene, argued the cause for appellant. With him on the brief was Public Defender Services of Lane County, Inc., Eugene.

Melinda L. Bruce, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

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

JOSEPH, Judge.

Defendant was charged by complaint with two counts of menacing. ORS 163.190. The court denied his motion to sever the charges for trial. A jury found him guilty on one count, but not guilty on the other. He appeals, arguing that his motion to sever should have been granted, that the court erred in sustaining the state's objection to a question asked a juror on voir dire and that two requested instructions should have been given.

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