State v. Jacob

Defendant appeals his conviction for murder, ORS 163.115, after a jury trial. We affirm.

At about 2 a.m. on April 17,1991, defendant shot and killed the victim with a single shotgun blast to the head. The killing occurred on a largely deserted Portland street where there is heavy drug use and where gun shots are heard on a daily basis. Defendant did not deny killing the victim but claimed self-defense. He testified that the victim had lifted his shirt to display a gun in his waistband and was reaching to pull it out when defendant shot him. The only other witness to the murder was a close…