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STATE v. GIBBONS

228 Or. 238 (1961)

364 P.2d 611

STATE OF OREGON v. GIBBONS

Supreme Court of Oregon.

Affirmed September 6, 1961.

Attorney(s) appearing for the Case

Glenn D. Ramirez, Klamath Falls, argued the cause for appellant. On the brief were Ramirez & Danielson, Klamath Falls.

Dale T. Crabtree, District Attorney for Klamath County, Klamath Falls, argued the cause for respondent. With him on the brief were Robert M. Redding and Sam A. McKeen, Klamath Falls.

Before McALLISTER, Chief Justice, and ROSSMAN, PERRY, GOODWIN and LUSK, Justices.

AFFIRMED.

ROSSMAN, J.

This is an appeal by the defendant Louis Gibbons from a judgment of the circuit court which adjudged him guilty of the crime of assault while unarmed by means likely to produce great bodily harm. The conviction was for a lessor offense than that charged in the indictment, which was assault with a dangerous weapon (ORS 163.250).

The facts of this case will not be recited here, since they...

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