State v. Stockett

Defendant was indicted for first degree arson, ORS 164.325, but was convicted of the lesser included offense of second degree arson, ORS 164.315.1 Defendant interposed affirmative defenses of mental disease or defect excluding responsibility, ORS 161.295, and diminishing intent, ORS 161.300. He assigns as error the failure of the court to give an instruction on mental disease or defect diminishing intent. He also challenges admission in evidence of a poem he had written.

Defendant admitted setting fire to the building housing the Planned Parenthood Association. He relied on the two defenses…