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STATE v. RUSH

436 P.2d 266 (1968)

STATE of Oregon, Respondent, v. Philip Wesley RUSH, Appellant.

Supreme Court of Oregon, Department 1.

Decided January 17, 1968.

Attorney(s) appearing for the Case

James H. Jordan, Albany, argued the cause for appellant. With him on the brief were Weatherford, Thompson, Horton & Jordan, Albany.

Courtney R. Johns, Dist. Atty., Albany, argued the cause and filed the brief for respondent.

Before PERRY, C.J., McALLISTER, O'CONNELL and DENECKE, JJ., and LANGTRY, J. Pro Tempore.

LANGTRY, Justice (Pro Tempore).

The defendant was indicted, tried, and found guilty by a jury of the crime of assault. In his brief, he assigns as error the asking of alleged leading questions on direct examination of a prosecution witness by the district attorney, and alleged hearsay testimony to both of which no objection was made. This testimony was not prejudicial in character, so even if objection had been made, it would not have been error to receive the testimony...

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