STATE v. DAVIS

No. MB81-317; CA A26266.

670 P.2d 192 (1983)

65 Or.App. 83

STATE of Oregon, Respondent, v. Terry Larkin DAVIS, Appellant.

Court of Appeals of Oregon.

Decided October 12, 1983.


Attorney(s) appearing for the Case

Ronald K. Cox, Asst. Public Defender, Coquille, argued the cause and filed the brief for appellant.

Sheryl Dawson, Certified Law Student, Salem, argued the cause for respondent. On the brief were Dave Frohnmayer, Atty. Gen., William F. Gary, Sol. Gen., and Stephen F. Peifer, Asst. Atty. Gen., Salem.

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


WARDEN, Judge.

Defendant appeals his conviction on two counts of menacing. He assigns as error the trial court's (1) refusal to allow a state's witness to be cross-examined with respect to his avoidance of defendant's investigator and (2) failure to give a self-defense instruction to the jury. We reverse and remand for a new trial.

The state's account of the facts only slightly resembles defendant's version. According to the state, on May 20, 1982, defendant...

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