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STATE v. RUTHERFORD

465 P.2d 243 (1970)

STATE of Oregon, Respondent, v. Wallace Taylor RUTHERFORD, Appellant.

Court of Appeals of Oregon, Department 2.

Decided February 19, 1970.

Review Denied April 21, 1970.

Attorney(s) appearing for the Case

E. Scott Lawlor, Eugene, argued the cause and filed the brief for appellant.

Michael E. Murphy, Deputy Dist. Atty., Eugene, argued the cause for respondent. With him on the brief was John B. Leahy, Dist. Atty., Eugene.

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

LANGTRY, Judge.

Defendant was convicted of assault with a dangerous weapon, ORS 163.250, and appeals. Evidence which the jury could have believed showed that the defendant and a companion went into a store at about 2:00 a.m., and purchased a package of potato chips. The attendant thought the defendant had shoplifted a bottle of wine, and followed him outside. An altercation ensued during which the attendant took from defendant a bottle of wine which he put on a nearby...

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