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STATE v. McLEAN

468 P.2d 521 (1970)

STATE of Oregon, Respondent, v. Daniel Allen McLean, Appellant.

Supreme Court of Oregon, In Banc.

Decided April 22, 1970.

Attorney(s) appearing for the Case

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

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

TONGUE, Justice.

Defendant appeals from conviction of the crime of assault and battery by means of force likely to produce great bodily injury, under ORS 163.255. The crime took place while defendant was being held in Rocky Butte jail in Portland while awaiting prosecution on another charge. The victim of the assault was also an inmate in the jail.

Defendant's conviction was affirmed by the Court of Appeals. 89 Adv.Sh. 315, 459 P.2d 559

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