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STATE v. LOEW

92CR2458; CA A78947.

881 P.2d 837 (1994)

130 Or. App. 370

STATE of Oregon, Respondent, v. Scott Sherwood LOEW, Appellant.

Court of Appeals of Oregon.

Decided September 28, 1994.

Attorney(s) appearing for the Case

Andy Simrin, Deputy Public Defender, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender.

Jonathan H. Fussner, Asst. Atty. Gen., argued the cause for respondent. With him on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Before ROSSMAN, P.J., and De MUNIZ and LEESON, JJ.

LEESON, Judge.

Defendant appeals his conviction for assault in the fourth degree. ORS 163.160. He assigns error to the trial court's refusal to give his requested jury instruction on justifiable "defense of premises." ORS 161.225. We reverse.

We view the facts in the light most favorable to defendant to determine whether there was evidence to support the requested instructions. See State v. Taylor, 123 Or.App. 343

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