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STATE v. CHARLES

CA No. 16674; SC No. 28238.

647 P.2d 897 (1982)

STATE of Oregon, Respondent On Review, v. Anthony Arnold CHARLES, Petitioner On Review.

Supreme Court of Oregon, In Banc.

Decided June 29, 1982.

Attorney(s) appearing for the Case

J. Marvin Kuhn, Chief Deputy Public Defender, Salem, argued the cause for petitioner on review. With him on the brief was Gary D. Babcock, Public Defender, Salem.

William F. Gary, Sol. Gen., Salem, argued the cause for respondent on review. With him on the brief was James M. Brown, Atty. Gen., John R. McCulloch, Jr., Sol. Gen.,* and Robert C. Cannon, Asst. Atty. Gen., Salem.

ROBERTS, Judge.

We allowed review in this case to consider a single issue: under Oregon law, does a defendant, confronted by an assailant using deadly physical force, having an opportunity to retreat in safety, have a duty to retreat, or may he stand his ground and use deadly physical force against the assailant?

The facts of this case arose out of a street fight in Eugene which involved defendant and four other individuals; it is not necessary to recite the...

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