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STATE v. LUNOW

D92-07636M; CA A78699.

885 P.2d 731 (1994)

131 Or.App. 429

STATE of Oregon, Respondent, v. Marvin Gus LUNOW, Appellant.

Court of Appeals of Oregon.

Decided November 23, 1994.

Attorney(s) appearing for the Case

James N. Varner, Deputy Public Defender, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender.

Janie M. Burcart, Asst. Atty. Gen., argued the cause for respondent. With her on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Before ROSSMAN, P.J., and De MUNIZ and LEESON, JJ.

De MUNIZ, Judge.

Defendant appeals his convictions for assault in the fourth degree, ORS 163.160, and harassment, ORS 166.065, after a jury trial in which he relied on the defense of self-defense. ORS 161.209.1 We reverse.

The victim, Donna Miller, and defendant testified to differing facts. Miller, who was residing with defendant in October, 1992, testified that, on the morning of the...

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