STATE v. LAWTON


476 P.2d 821 (1970)

STATE of Oregon, Respondent, v. Rouie LAWTON, Appellant.

Court of Appeals of Oregon, Department 1.

Decided November 16, 1970.

Rehearing Denied December 8, 1970.

Review Denied January 12, 1971.


Attorney(s) appearing for the Case

Howard R. Lonergan, Portland, argued the cause and filed the briefs for appellant.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and Jacob B. Tanzer, Solicitor Gen., Salem.

Before SCHWAB, C.J., and FOLEY and FORT, JJ.


SCHWAB, Chief Judge.

The defendant, charged with first-degree murder, was convicted upon trial by jury of manslaughter. The sole question presented on appeal is whether a person who claims to have killed in self-defense must have acted in a belief that his action was necessary as judged from the standpoint of a reasonable man under the same circumstances, or whether a person may kill if he subjectively believes he is using the force reasonably necessary to defend...

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