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STATE v. CLIPSTON

473 P.2d 682 (1970)

STATE of Oregon, Respondent, v. Galan Paul CLIPSTON, Appellant.

Court of Appeals of Oregon, Department 2.

Decided August 6, 1970.

Attorney(s) appearing for the Case

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

Jesse R. Himmelsbach, Jr., Dist. Atty., Baker, argued the cause and filed the brief for respondent.

Before SCHWAB, C.J., and LANGTRY and FORT, JJ.

LANGTRY, Judge.

Defendant has appealed from conviction on five counts of an eight-count indictment: two counts of assault with intent to commit first degree murder, one of being an ex-convict in possession of a concealable firearm, one of mayhem, and one of carrying a firearm with intent to use it. Competent evidence, if believed, established that on December 21, 1967, defendant Clipston and his friend, Daniel Death, Jr., armed with a shotgun which had had its barrel...

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