BRANCHFIELD, Judge.
This is an appeal by the defendant from a conviction on two counts of an indictment, both charging assault with a dangerous weapon.
While on routine patrol at approximately 4:30 a.m. February 17, 1968, a Multnomah County deputy sheriff discovered defendant and another person burglarizing a grocery store in Portland. When the deputy sheriff attempted to search them, they attacked. While the deputy struggled with the defendant, the other...
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