State v. Shumway

*155DENECKE, C. J.

The defendant was convicted of intentional murder and sentenced to life imprisonment. He appealed to the Court of Appeals, contending both that error occurred during his trial and the statute pursuant to which he was sentenced was invalid. The Court of Appeals affirmed. 44 Or App 657, 607 P2d 191 (1980). We granted review.

The defendant contends the instruction on self-defense was erroneous.

The trial court instructed the jury on the affirmative defense of self-defense and the defendant excepted to a portion which implied that the defendant was under a duty to escape and avoid the…