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STATE v. BURNS

516 P.2d 748 (1973)

STATE of Oregon, Respondent, v. John Leon BURNS, Appellant.

Court of Appeals of Oregon.

Decided December 10, 1973.

Attorney(s) appearing for the Case

John K. Hoover, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Scott McAlister, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

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

TANZER, Judge.

Defendant was convicted of murder, ORS 163.115, and sentenced to life imprisonment. He assigns as error the failure of the trial court to submit upon timely request the issue of self-defense to the jury. Defendant is entitled to such an instruction if there is evidence from which the jury could infer that defendant's conduct was legally justified under the existing law of self-defense. State v. Anderson, 207 Or. 675,...

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