State v. Layton

Defendant appeals a judgment of conviction for the crime of assault in the third degree. ORS 163.165. He assigns error to the trial court’s jury instruction on his defense of self-defense and to his sentence. We affirm.

Defendant and his neighbor, Simpson, had a history of “bad blood.” Late one night, following a particularly heated argument with defendant, Simpson drove past defendant, who was walking on the side of the road. Simpson felt something hit the car. He then saw dirt fly on the roadside, followed by the shattering of car window glass. Simpson then was hit with a bullet that had…