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STATE v. WARE

554 P.2d 609 (1976)

26 Or.App. 675

STATE of Oregon, Respondent, v. Dale Dwain WARE, Appellant.

Court of Appeals of Oregon.

Decided September 7, 1976.

Attorney(s) appearing for the Case

John K. Hoover, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief were Gary D. Babcock, Public Defender, and Brian Williams, Law Clerk, Salem.

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 SCWAB, C.J., and THORNTON and LEE, JJ.

LEE, Judge.

Defendant appeals his conviction of assault in the second degree, ORS 163.1751 and claims error in the court's instruction as to the scope of self-defense.

Seven people gathered at a drag strip turnaround in the evening. Present were John Watson, Roy Mehan, Robert and Michael Brown (brothers), and the Ware brothers, Randall, Don and Dale (defendant). Watson was carrying a large...

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