STATE v. PEACOCK

10-83-02921; CA A33754.

706 P.2d 982 (1985)

75 Or.App. 217

STATE of Oregon, Respondent, v. James Edward PEACOCK, Appellant.

Court of Appeals of Oregon.

Decided September 18, 1985.


Attorney(s) appearing for the Case

Jay W. Frank, Eugene, argued the cause for appellant. With him on the brief was Moule & Frank, Eugene.

Jonathan H. Fussner, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before GILLETTE, P.J., and VAN HOOMISSEN and YOUNG, JJ.


GILLETTE, Presiding Judge.

Defendant appeals his conviction for assault in the first degree, ORS 163.185, and his subsequent sentencing as a dangerous offender. ORS 161.725. Among the claimed errors are the trial court's admission of evidence of previous altercations in which defendant was involved and its permitting the prosecutor to mention defendant's filing of a notice of intent to rely on a mental disease or defect defense. He also attacks a jury instruction...

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