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STATE v. POPIEL

216 Or. 140 (1959)

337 P.2d 303

STATE OF OREGON v. POPIEL

Supreme Court of Oregon.

Reversed March 18, 1959.

Petition for rehearing denied April 15, 1959.

Attorney(s) appearing for the Case

David Robinson, Jr., Deputy District Attorney for Multnomah County, argued the cause for appellant. With him on the brief were Robert Y. Thornton, Attorney General for Oregon, Charles E. Raymond, District Attorney for Multnomah County, and Mr. A. Allan Franzke, former Deputy District Attorney.

Donald E. Huffman, Oak Grove, argued the cause for respondent. With him on the brief was Burton J. Fallgren, of Portland.

Before McALLISTER, Chief Justice, and WARNER, SLOAN and MILLARD, Justices.

REVERSED.

MILLARD, J. (Pro Tempore)

The defendant in this case was charged by an indictment returned by the grand jury of Multnomah County, Oregon, with the crime of assault and battery while unarmed by means of force likely to produce great bodily injury. The charging part of the indictment reads as follows:

"The said THEODORE F. POPIEL on the 16th day of June, A.D. 1957 in the County of Multnomah and State of Oregon, then and there being, and not...

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