STATE v. McLEAN


459 P.2d 559 (1969)

STATE of Oregon, Respondent, v. Daniel Allen McLean, Appellant.

Court of Appeals of Oregon, In Banc.

Decided September 29, 1969.


Attorney(s) appearing for the Case

Ken C. Hadley, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Jacob B. Tanzer, Solicitor Gen., Salem, argued the cause for respondent. With him on the brief was George Van Hoomissen, Dist. Atty., Portland.

Before SCHWAB, C.J., and LANGTRY, FOLEY, FORT, and BRANCHFIELD, JJ.


SCHWAB, Chief Judge.

Defendant was tried by jury and convicted in circuit court of the crime of assault and battery by means of force likely to produce great bodily injury. ORS 163.255. The crime took place while defendant was an inmate of the Rocky Butte Jail awaiting prosecution on another charge. The victim was also a prisoner in the jail. No purpose is to be served by a recitation of the sordid details.

Defendant makes two assignments of error on appeal...

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