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STATE v. WEST

463 P.2d 383 (1970)

STATE of Oregon, Respondent, v. Joe Carellus WEST, Appellant.

Court of Appeals of Oregon, In Banc.

Decided January 8, 1970.

Attorney(s) appearing for the Case

Richard W. Hill, Portland, argued the cause and filed the brief for appellant.

Jacob B. Tanzer, Solicitor Gen., Salem, argued the cause for respondent. With him on the brief was George Van Hoomissen, Dist. Atty., Portland.

SCHWAB, Chief Judge.

Defendant appeals from a conviction upon trial by jury of assault and battery, being armed with a dangerous weapon. He contends that the trial judge erred in not holding the state to its election during the course of trial of a date certain upon which the crime took place. The indictment charged him with committing the crime, "on or about the 12th day of January, 1968."

His victim, one French...

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