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STATE v. MOORE

CA No. A21829.

647 P.2d 903 (1982)

293 Or. 309

STATE of Oregon, Respondent On Review, v. Russell MOORE, Petitioner On Review.

Supreme Court of Oregon, In Banc.

Decided June 29, 1982.

Attorney(s) appearing for the Case

John Daugirda, 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 were Dave Frohnmayer, Atty. Gen., and Thomas H. Denney, Asst. Atty. Gen., Salem.

PER CURIAM.

We allowed review of this case, 55 Or.App. 202, 641 P.2d 673, to consider with State v. Charles, 293 Or. 273, 647 P.2d 897, decided this date, the issue of whether, under Oregon law, a defendant who is confronted by an assailant using deadly physical force, having an opportunity to retreat in safety, has a duty to retreat, or may stand his ground and use deadly physical force against...

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