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STATE v. BLAIR

042431, A130455.

214 P.3d 47 (2009)

230 Or. App. 36

STATE of Oregon, Plaintiff-Respondent, v. Michael James BLAIR, Defendant-Appellant.

Court of Appeals of Oregon.

Decided July 29, 2009.

Attorney(s) appearing for the Case

Andrew S. Chilton argued the cause for appellant. With him on the brief was Chilton, Ebbett & Galli, LLC.

Susan G. Howe, Senior Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and ROSENBLUM, Judge.

HASELTON, P.J.

Defendant appeals from a judgment of conviction for, inter alia, felony murder, ORS 163.115(1)(b), assigning error to the trial court's denial of defendant's demurrer and its refusal to give defendant's requested special jury instruction. Defendant contends that the trial court erred in both respects because the state failed to allege in the indictment, and the trial court failed to instruct the jury that it was required to find, that defendant...

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