State v. Weller

Defendant appeals his conviction of theft in the second degree, ORS 164.045.1 Defendant contends that the trial judge committed reversible error by refusing to instruct the jury that insanity, having once been shown to exist, is presumed to continue until the contrary is shown.

The evidence shows that on January 9, 1977, defendant entered a grocery store and put some beer, cigarettes and nuts into a shopping cart, then left the store without paying for the items. A store clerk pursued defendant and took him into custody. Defendant claimed that he took the items because he had previously sent a…