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STATE v. MENAUGH

96-07-45308; CA A95194.

954 P.2d 177 (1998)

152 Or. App. 389

STATE of Oregon, Respondent, v. Ryan MENAUGH, Appellant.

Court of Appeals of Oregon.

Decided February 4, 1998.

Attorney(s) appearing for the Case

Daniel Q. O'Dell, Deputy Public Defender, argued the cause for appellant. With him on the brief was Sally L. Avera, Public Defender.

Richard D. Wasserman, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Virginia L. Linder, Solicitor General.

Before De MUNIZ, P.J., and HASELTON, J., and ROSSMAN, S.J.

ROSSMAN, Senior Judge.

In this district court criminal case involving an altercation between defendant and a former girlfriend at defendant's apartment, defendant appeals his conviction of assault in the fourth degree, contending that the trial court erred in failing to give his requested instruction on the defense of premises.1 The state concedes that defendant was entitled to the instruction and that it was error to refuse to give it...

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