State v. Thayer

The issue presented is whether the trial judge committed reversible error in refusing to instruct on the lesser included offense of manslaughter.

Defendant pleaded not guilty to murder. At trial his theory of the case was that he did not commit the crime. He testified that he had not committed the murder and that he was not intoxicated. Was he nevertheless, because of other evidence of his possible intoxication, entitled to a lesser included offense instruction on manslaughter? I think not, based upon my reading of the decisions discussed below.

In State v. Atkins, 14 Or App 603, 513 P2d 1191…