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STATE v. BOYCE

10-91-03730; CA A72136.

852 P.2d 276 (1993)

120 Or. App. 299

STATE of Oregon, Respondent, v. Sandrien Celest BOYCE, Appellant.

Court of Appeals of Oregon.

Decided May 19, 1993.

Attorney(s) appearing for the Case

David C. Degner, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender, Salem.

Jonathan H. Fussner, Asst. Atty. Gen., Salem, argued the cause for respondent. On the brief were Charles S. Crookham, Atty. Gen., Virginia L. Linder, Sol. Gen., and Janie M. Burcart, Asst. Atty. Gen., Salem.

Before WARREN, P.J., and RIGGS and EDMONDS, JJ.

WARREN, Presiding Judge.

Defendant appeals her conviction for assault in the second degree, ORS 163.175(1)(b),1 assigning error to the trial court's refusal to give her requested jury instructions. We reverse.

The assault occurred in a Eugene nightclub. Although defendant and the victim did not know each other well, they were sitting among a large group of people. When defendant attempted to serve herself some beer from the victim...

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