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STATE v. NEBEL

06FE0164; A136957.

238 P.3d 423 (2010)

237 Or. App. 30

STATE of Oregon, Plaintiff-Respondent, v. Elmer Walter NEBEL, Defendant-Appellant.

Court of Appeals of Oregon.

Decided August 25, 2010.

Attorney(s) appearing for the Case

Ernest G. Lannet, Senior Deputy Public Defender, argued the cause for appellant. With him on the brief was Peter Gartlan, Chief Defender, Appellate Division, Office of Public Defense Services.

Erika L. Hadlock, Assistant Solicitor General, argued the cause for respondent. On the brief were John R. Kroger, Attorney General, Jerome Lidz, Solicitor General, and Harry B. Wilson, Assistant Attorney General.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and DEITS, Senior Judge.

ARMSTRONG, J.

Defendant appeals a judgment of conviction for first-degree assault. ORS 163.185 (2007). He assigns error to the trial court's refusal to give jury instructions to support his defense that he was justified in using deadly force to protect himself and others. The state concedes that the trial court's stated reason for refusing to give the instructions was erroneous but argues that the trial court's refusal to give those instructions was nonetheless correct...

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