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STATE v. SMITH

228 Or. 340 (1961)

364 P.2d 786

STATE OF OREGON v. SMITH

Supreme Court of Oregon.

Affirmed September 6, 1961.

Petition for rehearing denied October 3, 1961.

Attorney(s) appearing for the Case

Duane R. Ertsgaard, Salem, argued the cause and filed a brief for appellant.

Donald H. Turner, District Attorney, The Dalles, argued the cause and filed a brief for respondent.

Before McALLISTER, Chief Justice, and ROSSMAN, PERRY, SLOAN, O'CONNELL, GOODWIN and LUSK, Justices.

AFFIRMED.

LUSK, J.

The defendant, Ernest Leroy Smith, was convicted of the crime of assault with intent to kill and appeals.

The charging part of the indictment reads:

"The said Ernest Leroy Smith on the 2nd day of March, A.D. 1957 in the County of Wasco and State of Oregon, then and there being, then and there armed with a dangerous weapon, to-wit, a loaded pistol, did then and there unlawfully and feloniously assault one Robert W. Brower...

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