State v. Nebel

Defendant appeals a judgment of conviction for first-degree assault. ORS 163.185 (2007). He assigns error to the trial court’s refusal to give jury instructions to support his defense that he was justified in using deadly force to protect himself and others. The state concedes that the trial court’s stated reason for refusing to give the instructions was erroneous but argues that the trial court’s refusal to give those instructions was nonetheless correct because defendant’s requested instructions did not correctly state the applicable law. We affirm.

We review a trial court’s refusal to give…