STATE v. BROWN


475 P.2d 973 (1970)

STATE of Oregon, Respondent, v. Royce Lovell BROWN, Appellant.

Court of Appeals of Oregon, Department 2.

Decided November 2, 1970.


Attorney(s) appearing for the Case

Ken C. Hadley, Deputy Public Defender, Salem, argued the cause for appellant. With him on the briefs was Gary D. Babcock, Public Defender, Salem.

James A. Sanderson, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and Jacob B. Tanzer, Sol. Gen., Salem.

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


LANGTRY, Judge.

Defendant appeals from conviction of assault with intent to commit second-degree murder. ORS 163.280. The victim was admittedly wounded, with resulting paralysis, by a pistol fired by defendant. The defendant is a cousin of the victim's wife. This woman had been living with defendant prior to the shooting. On the night the shooting occurred, the victim, who had unexpectedly appeared on the scene, and defendant had been left alone by the victim's wife...

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