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STATE v. McCLAIN

A171757.

506 P.3d 1155 (2022)

318 Or. App. 402

STATE of Oregon, Plaintiff-Respondent, v. Douglas Gerald MCCLAIN, Defendant-Appellant.

Court of Appeals of Oregon.

March 16, 2022.

Attorney(s) appearing for the Case

Ernest G. Lannet, Chief Defender, Criminal Appellate Section, and Brett J. Allin, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Leigh A. Salmon, Assistant Attorney General, filed the brief for respondent.

Before Mooney, Presiding Judge, and Lagesen, Chief Judge, and DeVore, Senior Judge.

Defendant punched a man. For that conduct, a jury convicted him of fourth-degree assault, ORS 163.160, rejecting defendant's claim of self-defense. On the state's request, and over defendant's objection, the trial court instructed the jury on the provocation limitation of self-defense contained in...

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