STATE v. MIDDLETON

No. 78-7979; CA 14718.

611 P.2d 698 (1980)

46 Or.App. 381

STATE of Oregon, Respondent, v. Larry Dale MIDDLETON, Appellant.

Court of Appeals of Oregon.

Decided May 27, 1980.


Attorney(s) appearing for the Case

A. Kenneth Gough, Eugene, argued the cause for appellant. With him on the brief was Thomsen, Gough & Gough, Eugene.

Robert C. Cannon, 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 GILLETTE, P.J., and ROBERTS and CAMPBELL, JJ.


ROBERTS, Judge.

This case is the result of a barroom confrontation which proved fatal to one of the two participants. The defendant and the victim met in a bar near Eugene. Shortly after their meeting, the victim pushed, shoved or threw the defendant to the floor or against a booth. According to the defendant, this attack was unprovoked. However, other witnesses testified that the defendant had been "bugging" and swearing at the victim, who had asked the defendant...

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