STATE v. PLANCK


473 P.2d 694 (1970)

STATE of Oregon, Respondent, v. Vernon Leroy PLANCK, Appellant.

Court of Appeals of Oregon, Department 2.

Decided August 13, 1970.

Rehearing Denied September 8, 1970.

Review Denied November 4, 1970.


Attorney(s) appearing for the Case

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

Donald R. Blensly, Dist. Atty., McMinnville, argued the cause for respondent. With him on the brief was Allyn E. Brown, Deputy Dist. Atty., McMinnville.

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


FORT, Judge.

Defendant was indicted for the crime of assault with a dangerous weapon, ORS 163.250, and convicted by a jury therefor. He appeals, asserting three assignments of error. We consider them in order.

The first arises from the admission into evidence of a holster and portions of a pistol frame. A brief statement of the relevant facts is necessary to its understanding.

In the early morning hours a Mr. Burcham and a friend were driving along...

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