State v. Webber

Defendant appeals his convictions for taking a game mammal in a closed season and for wasting a game mammal. ORS 496.992; OAR 635-65-750(2); OAR 635-65-760(8). 1 He assigns error to the trial court’s refusal to instruct the jury that he had an absolute constitutional right to kill the deer if it was reasonably necessary for the protection of his property and to instruct the jury on the “choice of evils” defense. We affirm.

Defendant produces cattle and hay on his ranch in eastern Oregon. The ranch is near forest land that abounds with game animals, especially deer. There has been a history of…