State v. Stubblefield

Defendant appeals the judgment on his jury conviction of recklessly endangering another person. ORS 163.195.1 His sole contention is that the trial court erred in refusing his requested instruction on disorderly conduct (ORS 166.025(1)2) as a lesser included offense.

ORS 136.465 provides:

"In all cases, the defendant may be found guilty of any crime the commission of which is necessarily included in that with which he is charged in the accusatory instrument or of an attempt to commit such crime.”

*204In State v. Washington, 273 Or 829, 835, 543 P2d 1058 (1975), the court declared:

"[ORS 136.465]…