State v. DePue

Defendant appeals from conviction of murder. ORS 163.115. The only question raised in the appeal is whether the court erred in refusing to give a requested instruction in which the defendant attempted to explain ORS 161.295, “Effect of mental disease or defect,”① in terms of “emotional” and “intellectual” knowledge as a basis for criminal responsibility.

The defendant, who did not testify, had admitted to police the fatal shooting of the victim whom he had picked up late at night near a phone booth on a street in Portland. There was evidence from which the jury could have believed he asked her…