Opinion
No. C 76-07-09204, CA 7122
Argued April 25, 1977
Affirmed May 9, 1977 Reconsideration denied June 15, 1977 Petition for review denied September 20, 1977
Appeal from Circuit Court, Multnomah County.
Robert E. Jones, Judge.
Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for appellant.
W. Benny Won, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were James A. Redden, Attorney General, and W. Michael Gillette, Solicitor General, Salem.
Before Schwab, Chief Judge, and Thornton and Tanzer, Judges.
PER CURIAM.
Affirmed.
Defendant was indicted for murder, tried by the court and found guilty of manslaughter. Defendant contends that the trial court erred in denying his motion for judgment of acquittal because self-defense was established as a matter of law.
Although the basic nature of the confrontation which resulted in the homicide was not disputed, there was conflicting evidence on many critical aspects of the case. Having heard that evidence, the trial court concluded that defendant's action was unnecessary for the protection of his life or to save himself from great bodily harm and that defendant could have safely retreated. There was evidence to support these conclusions and we are bound thereby. State v. Krummacher, 269 Or. 125, 523 P.2d 1009 (1974).
Affirmed.