STATE v. McMULLEN


579 P.2d 879 (1978)

34 Or.App. 749

STATE of Oregon, Respondent, v. Mitchell Ray McMullen, Appellant.

Court of Appeals of Oregon.

Decided June 13, 1978.


Attorney(s) appearing for the Case

Gary L. Hooper, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Melinda L. Bruce, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were James A. Redden, Atty. Gen., and Al J. Laue, Sol. Gen., Salem.

Before SCHWAB, C.J., and THORNTON, TANZER and BUTTLER, JJ.


TANZER, Judge.

Defendant was convicted of assault in the first degree and appeals, contending that the trial court erred in refusing to give his requested instruction on self-defense.

The charges arose out of an altercation between defendant and the victim, in the presence of several of the victim's relatives. Defendant stabbed the victim with a pocketknife. There was conflicting evidence as to what precipitated the stabbing. Defendant testified that the victim...

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