STATE v. MURRY

No. 77-3540; CA 10705.

585 P.2d 707 (1978)

36 Or.App. 667

STATE of Oregon, Respondent, v. Earl Leroy MURRY, Appellant.

Court of Appeals of Oregon.

Decided October 30, 1978.


Attorney(s) appearing for the Case

James E. Mountain, Jr., Deputy Public Defender, Salem, argued the cause for appellant. On the brief were Gary D. Babcock, Public Defender, and Stephanie A. Smythe, Deputy Public Defender, Salem.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were James A. Redden, Atty. Gen., Walter H. Barrie, Sol. Gen., and Valerie Leman, Certified Law Student, Salem.

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


THORNTON, Judge.

Defendant appeals from his conviction after jury trial for criminal nonsupport of his minor children, for the period April 15 through June 29, 1977, on two grounds. He argues that the trial court erred in excluding as irrelevant evidence of his contributions to the household where his children lived, and in refusing to give his requested instruction on the inability of a defendant to support himself as a legal excuse for nonsupport of his minor children...

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