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STATE v. BARNES

(CC 95-1165; CA A91415; SC S44787)

986 P.2d 1160 (1999)

329 Or. 327

STATE of Oregon, Petitioner on Review, v. Edward Forrest BARNES, Respondent on Review.

Supreme Court of Oregon.

Decided September 8, 1999.

Attorney(s) appearing for the Case

Timothy A. Sylwester, Assistant Attorney General, Salem, argued the cause for petitioner on review. With him on the briefs were Hardy Myers, Attorney General, Michael D. Reynolds, Solicitor General, and David B. Thompson, Assistant Attorney General.

Kenneth A. Morrow, of Morrow, Monks & Sharp, P.C., Eugene, argued the cause and filed the brief for respondent on review.

Before CARSON, Chief Justice, and GILLETTE, VAN HOOMISSEN, DURHAM, LEESON, and RIGGS, Justices.

VAN HOOMISSEN, J.

Defendant appeals his convictions of second-degree assault, ORS 163.175(1)(a), and resisting arrest, ORS 162.315. He contends that the trial court erred in refusing to give his proffered jury instruction and in failing to instruct the jury correctly. The Court of Appeals affirmed his conviction of resisting arrest and reversed his conviction of second-degree assault. State v. Barnes, 150 Or.App. 128, ...

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