STATE v. BRACKEN

98-0899; A104396

23 P.3d 417 (2001)

174 Or. App. 294

STATE of OREGON, Appellant, v. Jeremy Owen BRACKEN, Respondent.

Court of Appeals of Oregon.

Decided May 9, 2001.


Attorney(s) appearing for the Case

Janet A. Klapstein, Assistant Attorney General, argued the cause for appellant. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Monica L. Finch, Deputy Public Defender, argued the cause for respondent. With her on the brief was David E. Groom, State Public Defender.

Before LANDAU, Presiding Judge, and LINDER and BREWER, Judges.


BREWER, J.

Defendant was charged with murder, ORS 163.115, arising out of a shooting that took place on the front porch of his residence. Defendant contends that he killed the victim in self-defense. The state's theory is that defendant shot the victim in the course of protecting against the discovery of a marijuana growing operation inside his residence, or, in the alternative, that defendant was angry because the victim already had discovered the growing operation...

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