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STATE v. ANDERSON

215 Or. 72 (1958)

332 P.2d 884

STATE OF OREGON v. ANDERSON

Supreme Court of Oregon.

Affirmed December 10, 1958.

Attorney(s) appearing for the Case

Harold Banta, Baker, argued the cause for appellant. On the brief were Banta, Silven & Horton, Baker.

Michael S. Mogan, Canyon City, District Attorney for Grant County, argued the cause and filed a brief for respondent.

Before PERRY, Chief Justice, and WARNER, McALLISTER, SLOAN and O'CONNELL, Justices.

AFFIRMED.

PERRY, C.J.

The defendant was convicted of aggravated assault and battery as set forth in ORS 163.255.

From the judgment of conviction defendant appeals.

Defendant's principal assignment of error charges that the indictment is duplicitous in that more than one crime is charged. The charging part of the indictment is as follows:

"The said Donald Anderson on the 2nd day of September, 1956, in said County of Grant, and State...

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