STATE v. ARMSTRONG

No. 80-360C; CA A20571.

637 P.2d 200 (1981)

55 Or.App. 74

STATE of Oregon, Respondent, v. Harold ARMSTRONG, Appellant.

Court of Appeals of Oregon.

Decided December 7, 1981.


Attorney(s) appearing for the Case

Marilyn C. McManus, Deputy Public Defender, Salem, argued the cause for appellant. With her on the brief was Gary D. Babcock, Public Defender, Salem.

Rudolph S. Westerband, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Before GILLETTE, P.J., and ROBERTS and YOUNG, JJ.


GILLETTE, Presiding Judge.

The incident which precipitated this criminal case began when the victim ran a stop sign and his car collided with the defendant's car. Both men stepped out of their cars and, as the victim began to walk from his car toward the defendant, he heard gunshots and felt what he later discovered to be gunshot wounds in his side. He was shot while still beside his own car and before he had exchanged any words with the defendant. The two men subsequently...

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