State v. Branch

Defendant appeals a judgment convicting him of assault in the second degree, ORS 163.175, assault in the third degree, ORS 163.165, and assault in the fourth degree, ORS 163.160. He assigns error to the trial court’s refusal to give the jury a “defense of another person” instruction and to several aspects of his sentence. Because we agree that the trial court erred in refusing to give the instruction, we reverse and remand without reaching defendant’s sentencing arguments.

We review the trial court’s refusal to give a requested instruction for errors of law. State v. Brown, 310 Or 347, 355,…