State v. Cummings

Defendant appeals his conviction following a jury trial for burglary in the second degree, disorderly conduct, carrying a dangerous weapon with intent to use, and unauthorized use of a vehicle. His principal assignments of error concern the court’s failure to give one of his requested instructions and the court’s denial of his motion for a mistrial.

Defendant requested that the jury be given an instruction on the crime of menacing on the grounds that it was a lesser included offense of carrying a dangerous weapon with intent to use. In State v. Washington, 273 Or 829, 835-36, 543 P2d 1058…