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STATE v. DAN

(980634789; CA A104913)

20 P.3d 829 (2001)

172 Or. App. 645

STATE of Oregon, Respondent, v. Andrei DAN, Appellant.

Court of Appeals of Oregon.

Decided February 28, 2001.

Attorney(s) appearing for the Case

David C. Degner, Deputy Public Defender, argued the cause for appellant. With him on the brief was David E. Groom, Public Defender.

Eva S. Herrera, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

EDMONDS, Presiding Judge, and ARMSTRONG, Judge, and CENICEROS, Senior Judge.

EDMONDS, P.J.

Defendant appeals from convictions for aggravated animal abuse in the first degree, ORS 167.322, unlawful use of a weapon, ORS 166.220, and recklessly endangering another person. ORS 163.195. He assigns as error the trial court's admission of evidence about defendant's prior conduct toward his wife, its refusal to give the jury an instruction regarding the "choice of evils" defense, and its giving of a jury instruction requiring the jury to acquit defendant...

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