STATE v. GUTHERIE


462 P.2d 702 (1969)

STATE of Oregon, Respondent, v. Robert L. GUTHERIE, Appellant.

Court of Appeals of Oregon, In Banc.

Decided December 24, 1969.


Attorney(s) appearing for the Case

Jack E. Collier, Portland, argued the cause for appellant. With him on the brief was Glenn A. Geurts, Portland.

Billy L. Williamson, Deputy Dist. Atty., Portland, argued the cause for respondent. With him on the brief was George Van Hoomissen, Dist. Atty., Portland.


PER CURIAM.

Defendant was convicted in a trial by jury of "assault with a dangerous weapon." He appeals on the grounds: (1) that the instruction given on self defense was not adequate, and (2) that neither he nor his counsel were permitted to see the pre-sentence report prepared by the Board of Parole and Probation.

These questions were not properly raised in the court below. We find nothing in the record which warrants departure from the rule that issues...

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