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STATE v. McCLAIN

A171757.

506 P.3d 1155 (2022)

318 Or. App. 402

STATE of Oregon, Plaintiff-Respondent, v. Douglas Gerald MCCLAIN, Defendant-Appellant.

Court of Appeals of Oregon.

March 16, 2022.

Attorney(s) appearing for the Case

Ernest G. Lannet , Chief Defender, Criminal Appellate Section, and Brett J. Allin , Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Leigh A. Salmon , Assistant Attorney General, filed the brief for respondent.

Before Mooney, Presiding Judge, and Lagesen, Chief Judge, and DeVore, Senior Judge.

Defendant punched a man. For that conduct, a jury convicted him of fourth-degree assault, ORS 163.160, rejecting defendant's claim of self-defense. On the state's request, and over defendant's objection, the trial court instructed the jury on the provocation limitation of self-defense contained in...

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