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STATE v. SEIGLER

478 P.2d 436 (1970)

STATE of Oregon, Respondent, v. Harold Francis SEIGLER, Appellant.

Court of Appeals of Oregon, Department 2.

Decided December 23, 1970.

Rehearing Denied January 26, 1971.

Review Denied March 2, 1971.

Attorney(s) appearing for the Case

Clemens E. Ady, Salem, filed the brief for appellant. With him on the brief were Williams, Wheeler & Ady, Salem.

Gary D. Gortmaker, Dist. Atty., Salem, filed the brief for respondent.

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

PER CURIAM.

This is a delayed appeal authorized as a result of a post-conviction proceeding. The appeal is from a conviction, upon trial by jury, of assault with a dangerous weapon. ORS 163.250.

On March 21, 1966, at about 10:30 p.m., the defendant, armed with a gun, demanded admission into the home of a Mr. and Mrs. McClain. When refused, he forced his way in and severely beat the McClains. On May 5, 1966, the McClains identified the defendant in a Marion...

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