General Provisions
Use of physical force in defense of premises
Notes of Decisions
Since the legislature’s intention in enacting this section and ORS 161.219 was to codify the common law of self-defense and not to articulate a new standard, the statutory phrases requiring that there be a “felony involving the use or threatened imminent use of physical force against a person,” “unlawful deadly physical force,” or a “felony by force and violence” are the functional equivalents of the case law requirement of “great bodily harm.” State v. Burns, 15 Or App 552, 516 P2d 748 (1973), Sup Ct review denied
Defendant is entitled to a jury instruction on self-defense under either this section or ORS 161.219 if there is evidence in the record that he was in imminent danger of receiving great bodily harm from the other person. State v. Burns, 15 Or App 552, 516 P2d 748 (1973), Sup Ct review denied
In prosecution for menacing, under evidence, inter alia, that defendant knew of earlier confrontation, defendant had been past victim of vandalism, that juveniles had driven by house and sped away three times before parking in driveway, defendant was entitled to instruction on theory that he acted in defense of his premises. State v. Lockwood, 43 Or App 639, 603 P2d 1231 (1979)
Law Review Citations
21 EL 219 (1991)