State v. Middleton

This case is the result of a barroom confrontation which proved fatal to one of the two participants. The defendant and the victim met in a bar near Eugene. Shortly after their meeting, the victim pushed, shoved or threw the defendant to the floor or against a booth. According to the defendant, this attack was unprovoked. However, other witnesses testified that the defendant had been "bugging” and swearing at the victim, who had asked the defendant to leave him alone.

After the defendant arose from the floor, or from the booth, he and the victim struggled. According to the defendant, the…