State v. Booth

Defendant was charged under ORS 164.055 1 with unlawfully and knowingly committing theft of a ring from a jewelry store. He gave notice of intent to rely on the defense of insanity under ORS 161.295 and partial responsibility under ORS 161.300. 2 The trial court instructed on the insanity defense contained in ORS 161.295. Defendant’s request for an instruction on partial responsibility was refused by the trial court. He was convicted and appealed to the Court of Appeals, contending that the court committed reversible error in failing to instruct on the partial responsibility defense. The…