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STATE v. RUSSELL

451 P.2d 858 (1969)

STATE of Oregon, Respondent, v. Dennis Boyd RUSSELL, Appellant.

Supreme Court of Oregon, Department 2.

Decided March 19, 1969.

Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, argued the cause and filed a brief for appellant.

Michael E. Murphy, Deputy Dist. Atty., Eugene, argued the cause for respondent. With him on the brief were John B. Leahy, Dist. Atty., and John E. Moore, Deputy Dist. Atty., Eugene.

Before SLOAN, P.J., and GOODWIN and HOLMAN, JJ.

HOLMAN, Justice.

Defendant appealed from a judgment of conviction of assault with intent to rape. His only assignment of error is his contention that there was insufficient evidence to prove his intent. For reasons the statement of facts will disclose, there was no question concerning his identification.

There was evidence to sustain the following statement of facts. The complaining witness was a child of 11 years of age. She took care of her younger brothers...

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