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STATE v. GUSTAFSON

248 Or. 1 (1967)

432 P.2d 323

STATE OF OREGON, Respondent, v. RICHARD ALLEN GUSTAFSON, Appellant.

Supreme Court of Oregon.

Affirmed October 4, 1967.

Attorney(s) appearing for the Case

Hayes Patrick Lavis, Astoria, argued the cause for appellant. On the brief were Anderson, Fulton & Lavis, Astoria.

Frank J. Coumont, District Attorney, Astoria, argued the cause and filed a brief for respondent.

Before PERRY, Chief Justice, and McALLISTER, GOODWIN, DENECKE, HOLMAN, LUSK and FORT, Justices.

AFFIRMED.

McALLISTER, J.

The defendant, Richard Gustafson, was indicted for the crime of rape, was convicted of assault with intent to commit rape, and appeals. He assigns as error the denial of his motion for a judgment of acquittal, the denial of his motion for a mistrial on account of alleged misconduct of the district attorney, and the action of the trial court in submitting to the jury the lesser offenses included...

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