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STATE v. WEBBER

209-C-86; CA A40783.

736 P.2d 220 (1987)

85 Or.App. 347

STATE of Oregon, Respondent, v. John Carl WEBBER, Appellant.

Court of Appeals of Oregon.

Decided May 6, 1987.

Reconsideration Denied June 26, 1987.

Attorney(s) appearing for the Case

Mike Kilpatrick, Mt. Vernon, argued the cause for appellant. With him on the brief were Robert S. Johnson, Certified Law Student, and Kilpatricks & Pope, Mt. Vernon.

Charlene Woods, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before WARDEN, P.J., and VAN HOOMISSEN and YOUNG, JJ.

YOUNG, Judge.

Defendant appeals his convictions for taking a game mammal in a closed season and for wasting a game mammal. ORS 496.992; OAR 635-65-750(2); OAR 635-65-760(8).1 He assigns error to the trial court's refusal to instruct the jury that he had an absolute constitutional right to kill the deer if it was reasonably necessary for the protection of his property and to instruct the jury on the "choice of evils" defense. We affirm...

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