State v. Nye

*826HOWELL, J.

This is a petition to review the decision of the Court of Appeals in State v. Nye, 20 Or App 454, 532 P2d 42 (1975), which affirmed a conviction of the crime of burglary in the first degree. At trial, the defendant had requested a jury instruction on the crime of sexual abuse.① The trial court denied his request, and the Court of Appeals affirmed from the bench. We granted the petition for review in this case, together with that in the companion case, State v. Washington, 20 Or App 350, 531 P2d 743 (1975), to reexamine the lesser included offense doctrine in Oregon. We affirm on the…