SMITH v. GLADDEN

No. 18662.

321 F.2d 816 (1963)

Ernest Leroy SMITH, Appellant, v. C. T. GLADDEN, Warden, Oregon State Penitentiary, Appellee.

United States Court of Appeals Ninth Circuit.

August 13, 1963.


Attorney(s) appearing for the Case

Ernest Leroy Smith, Salem, Or., appears in pro. per. for appellant.

Robert Y. Thornton, Atty. Gen. of Oregon, and C. L. Marsters, Asst. Atty. Gen. of Oregon, Salem, Or., for appellee.

Before ORR, HAMLIN and DUNIWAY, Circuit Judges.


PER CURIAM.

On the second day of March, 1957, in the County of Wasco, State of Oregon, appellant took several shots at a policeman. He missed. Subsequently he was by indictment charged with the crime of assault with intent to kill under Ore.Rev. Stat. § 163.270, which at the time of the commission of the crime read:

"Any person who assaults another with intent to kill, rob, or to commit rape upon such other, or to commit any of the crimes specified in...

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