State v. Boyce

Defendant appeals her conviction for assault in the second degree, ORS lbS.WSClXb), 1 assigning error to the trial court’s refusal to give her requested jury instructions. We reverse.

The assault occurred in a Eugene nightclub. Although defendant and the victim did not know each other well, they were sitting among a large group of people. When defendant attempted to serve herself some beer from the victim’s pitcher, the victim told her that she could not have any of the beer. About two hours later, defendant approached the victim to discuss the beer incident.

According to the state’s witnesses,…