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STATE v. WALLEY

460 P.2d 370 (1969)

STATE of Oregon, Respondent, v. Dennis Paul WALLEY, Appellant.

Court of Appeals of Oregon, In Banc.

Decided November 7, 1969.

Attorney(s) appearing for the Case

J. Marvin Kuhn, 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.

FORT, Judge.

On February 21, 1968, the defendant was indicted for the crime of assault and battery by means of force likely to produce great bodily injury. ORS 163.255. This statute provides a maximum penalty of five years. On March 5, he appeared with counsel for arraignment. Counsel asked for a week's postponement, which was allowed. On March 12, 1968, he entered a plea of not guilty. On April 16, 1968, he withdrew his plea of not guilty and entered a plea of guilty...

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