State v. Olmstead , 99 Or. App. 41 ( 1989 )

NEWMAN, J.,

dissenting.

For the reasons stated by Warden, J., in his dissent in State v. Maguire, 78 Or App 459, 717 P2d 226 (1986), affirmed without opinion by an equally divided court, 303 Or 368, 736 P2d 193 (1987), I believe that the defense of guilty but insane should be available to a defendant charged with a strict liability offense. Accordingly, I dissent, because I believe that the court erred when it granted the state’s motion to strike that defense.