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STATE v. NEWTON

463 P.2d 372 (1970)

STATE of Oregon, Respondent, v. Andrew Albert NEWTON, Appellant.

Court of Appeals of Oregon.

Decided January 8, 1970.

Attorney(s) appearing for the Case

R. Dale Kneeland, Portland, argued the cause and filed the brief for appellant.

Billy L. Williamson, Deputy Dist. Atty., Portland, argued the cause for respondent. With him on the brief was George Van Hoomissen, Dist. Atty., Portland.

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

BRANCHFIELD, Judge.

The defendant is appealing from a conviction for assault and battery by means of force likely to produce great bodily injury.

The defendant raises two assignments of error: That the trial court erred in denying defendant's motion for a directed verdict of acquittal, and in denying his motion for a new trial. They will be treated as a single claim, since they deal with the same basic question.1

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