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STATE v. WHEELER

No. 35854; CA 13746.

604 P.2d 449 (1979)

43 Or.App. 875

STATE of Oregon, Respondent, v. Michael Howard WHEELER, Appellant.

Court of Appeals of Oregon.

Decided December 24, 1979.

Attorney(s) appearing for the Case

David E. Groom, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Michael J. Francis, Certified Law Student, 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 TANZER, P.J., and THORNTON and CAMPBELL, JJ.

CAMPBELL, Judge.

Defendant, after trial by jury, was convicted of coercion, ORS 163.275. On appeal, he assigns as error (1) the admission, over timely objection, of statements he made to police, and (2) the trial court's exclusion of testimony relevant to a justification defense under ORS 161.209, use of physical force in defense of a person. We hold that the trial court committed prejudicial error in excluding the testimony on justification, and reverse and remand...

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