State v. Stockett

This is a petition for review of a decision of the Court of Appeals which reversed defendant’s conviction for arson. Defendant contended that the trial court erred in refusing to give his requested instruction on diminished intent or partial responsibility under ORS 161.305, and the Court of Appeals agreed with that contention. In doing so, the court held that the fact that the statute placed the burden of proving diminished intent on the defendant did not make the statute unconstitutional. 28 Or App 35, 558 P2d 1241 (1977). We granted review in order to consider the constitutionality of the…