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STATE v. CANTRELL

463 P.2d 593 (1970)

STATE of Oregon, Respondent, v. Thomas CANTRELL, Appellant.

Court of Appeals of Oregon, In Banc.

Decided January 15, 1970.

Attorney(s) appearing for the Case

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

G. Dwyer Wilson, Deputy Dist. Atty., Hillsboro, argued the cause for respondent. With him on the brief was Ray Robinett, Dist. Atty., Hillsboro.

LANGTRY, Judge.

Defendant appeals from a conviction under ORS 163.255 of assault and battery by means of force likely to produce great bodily injury. He was indicted with David L. Johnson as a result of a tavern altercation which started when the barmaid in the tavern refused service to defendant and Johnson, who had come into the tavern together. A Mr. Roberts was the only other patron in the bar besides the barmaid when Johnson and defendant entered. Some words...

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