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STATE OF OREGON v. LANEGAN

192 Or. 691 (1951)

236 P.2d 438

STATE OF OREGON v. LANEGAN

Supreme Court of Oregon.

Affirmed October 17, 1951.

Attorney(s) appearing for the Case

Frank H. Pozzi, of Portland, argued the cause for appellant. With him on the brief was Nels Peterson, of Portland.

James A. Norman, District Attorney for Coos County, and John Pickett, Deputy District Attorney, argued the cause and filed a brief for respondent.

Before HAY, Acting Chief Justice, LUSK, LATOURETTE, WARNER, and TOOZE, Justices.

AFFIRMED.

HAY, J.

Howard Lanegan appeals from a judgment of conviction of the crime of assault with intent to rob. § 23-427, O.C.L.A.

The evidence on the trial showed that Jack Edward Davis and Patsy Davis, his wife, while asleep in the bedroom of their residence at North Bend, Oregon, were awakened at about 5 a.m. on August 18, 1950, by a man standing beside their bed and shining the light of a flashlight...

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