STATE v. FOWLER

No. C77 12 17049; CA 10930.

587 P.2d 104 (1978)

37 Or.App. 299

STATE of Oregon, Respondent, v. Donald Lee FOWLER, Appellant.

Court of Appeals of Oregon.

Decided December 4, 1978.


Attorney(s) appearing for the Case

Stephanie A. Smythe, Deputy Public Defender, Salem, argued the cause for appellant. With her on the brief was Gary D. Babcock, Public Defender, Salem.

William F. Nessly, Jr., Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

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


THORNTON, Judge.

Defendant, convicted of armed robbery, appeals and makes two assignments of error.

His first assignment concerns the instruction given by the trial court relating to the claimed defense of duress. Defendant's contention of coercion is based on testimony that he was ordered to enter the victim's store by a third person who held a knife on defendant's brother.

The instruction, based upon ORS 161.270, was given in relevant part as follows...

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