STATE v. COLLIER


569 P.2d 38 (1977)

30 Or.App. 951

STATE of Oregon, Respondent, v. Donald Lynn COLLIER, Appellant.

Court of Appeals of Oregon.

Decided September 12, 1977.


Attorney(s) appearing for the Case

Levi J. Smith, Portland, 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 James A. Redden, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

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


TANZER, Judge.

The defendant appeals his murder conviction. The trial court inadvertently neglected to instruct the jury on self-defense as requested by the defendant. The omission was not realized until the jury sent word that they had reached a verdict after several hours of deliberation. Pursuant to the judge's suggestion, the defense expressly requested that the jury be reinstructed as to self-defense. The jury was so reinstructed and, after a brief resumption...

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