State v. Loew

Defendant appeals his conviction for assault in the fourth degree. ORS 163.160. He assigns error to the trial court’s refusal to give his requested jury instruction on justifiable “defense of premises.” ORS 161.225. We reverse.

We view the facts in the light most favorable to defendant to determine whether there was evidence to support the requested instructions. See State v. Taylor, 123 Or App 343, 348, 858 P2d 1358 (1993). On the evening of October 19,1992, defendant had turned up the volume on the stereo in his friend’s apartment. John Wilson, who resided in the apartment directly above,…