State v. Fowler

Defendant, convicted of armed robbery, appeals and makes two assignments of error.

His first assignment concerns the instruction given by the trial court relating to the claimed defense of duress. Defendant’s contention of coercion is based on testimony that he was ordered to enter the victim’s store by a third person who held a knife on defendant’s brother.

The instruction, based upon ORS 161.270, was given in relevant part as follows:

"[THE COURT:] The defense of duress has been raised. The statute says that a person is not criminally responsible for his alleged criminal conduct if he was…