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STATE v. BAKER

242 Or. 207 (1965)

408 P.2d 928

STATE OF OREGON v. BAKER

Supreme Court of Oregon.

Affirmed December 15, 1965.

Attorney(s) appearing for the Case

Lawrence A. Aschenbrenner, Public Defender, Salem, argued the cause and filed a brief for appellant.

John F. Cushman, District Attorney, Hood River, argued the cause and filed a brief for respondent.

Before McALLISTER, Chief Justice, and PERRY, SLOAN, GOODWIN, DENECKE, LUSK and SCHWAB, Justices.

AFFIRMED.

PER CURIAM.

The defendant was convicted of the crime of assault with a dangerous weapon and appeals.

1. The sole question raised on the appeal is whether ORS 163.250, the statute denouncing the crime of assault with a dangerous weapon, is unconstitutional, because ORS 163.320, which defines the crime of pointing a firearm at another, prescribes (as it is asserted) "a different and lesser punishment for the same act committed under the same...

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