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STATE v. EDDINS

482 P.2d 757 (1971)

STATE of Oregon, Respondent, v. Warren Calvin EDDINS, Appellant.

Court of Appeals of Oregon, Department 2.

Decided March 25, 1971.

Attorney(s) appearing for the Case

Hollis C. Ransom, Jr., Portland, argued the cause and filed the briefs for appellant.

James L. Carney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and Jacob B. Tanzer, Sol. Gen., Salem.

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

SCHWAB, Chief Judge.

Defendant was convicted of assault with intent to commit voluntary manslaughter in violation of ORS 163.280. He was sentenced to 15 years in prison. On appeal he contends that the court erred in imposing a sentence of more than seven and one-half years. He contends that assault with intent to commit voluntary manslaughter amounts to attempted manslaughter and that the attempt statute (ORS 161.090) must prevail. The maximum penalty which can be...

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