Legal Opinion

State v. Charles

Oregon Supreme Court

Decided June 29, 1982No. CA 16674, SC 28238PublishedCited by 14 opinions

1Opinion of the CourtRoberts, J.

We allowed review in this case to consider a single issue: under Oregon law, does a defendant, confronted by an assailant using deadly physical force, having an opportunity to retreat in safety, have a duty to retreat, or may he stand his ground and use deadly physical force against the assailant?

The facts of this case arose out of a street fight in Eugene which involved defendant and four other individuals; it is not necessary to recite the details. What is significant is that a homicide occurred and defendant was convicted of murder. At trial defendant relied on the defense of self-defense.…

2Cases cited27 opinions

  1. Allen v. United StatesSupreme Court of the United States · 1896
  2. Beard v. United StatesSupreme Court of the United States · 1895
  3. State v. ShumwayOregon Supreme Court · 1981
  4. People v. . TomlinsNew York Court of Appeals · 1914
  5. State v. SorrentinoWyoming Supreme Court · 1924

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3Cited by14 opinions

  1. Reed v. HoyCourt of Appeals for the Ninth Circuit · 1989
  2. State v. SandovalOregon Supreme Court · 2007
  3. State v. LutherCourt of Appeals of Oregon · 1983
  4. Robert Reed v. Daniel Hoy Douglas County Douglas County Sheriff's OfficeCourt of Appeals for the Ninth Circuit · 1990
  5. State v. GruverCourt of Appeals of Oregon · 2011

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