State v. Dudley

TANZER, J.,

concurring.

I concur in both of the opinions of my colleagues: that there was no substantive evidence of alibi to merit an instruction, and that if there were, the alibi instruction is so obvious that it should not be given except where required by exceptional circumstances.1

The converse is not necessarily true. Cf. State v. Meidel, 245 Or 100, 104, 420 P2d 386 (1966).