STATE v. WALLER


538 P.2d 1274 (1975)

STATE of Oregon, Respondent, v. Linda Jean WALLER, Appellant.

Court of Appeals of Oregon.

Decided August 11, 1975.


Attorney(s) appearing for the Case

Russell D. Bevans, Eugene, argued the cause and filed the brief for appellant.

Donald L. Paillette, 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 LANGTRY and FOLEY, JJ.


FOLEY, Judge.

Defendant pleaded not guilty to second degree assault, waived a jury trial, entered into a written stipulation of facts and was convicted by the trial court of the lesser included offense of assault in the third degree. ORS 163.165. Defendant received a one-year jail sentence. She appeals, contending that the state failed to establish lack of justification, the defense she relied upon.

The stipulated...

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