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STATE v. BENNETT

484 P.2d 1111 (1971)

STATE of Oregon, Respondent, v. Roy Eugene BENNETT, Appellant.

Court of Appeals of Oregon, Department 1.

Decided May 13, 1971.

Attorney(s) appearing for the Case

Phil Cass, Jr., Eugene, argued the cause for appellant. With him on the brief were Riddlesbarger, Pederson, Brownhill & Young, Eugene.

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 LANGTRY and FOLEY, JJ.

LANGTRY, Judge.

Defendant appeals from conviction by the court of attempted malicious injury to property by explosive. ORS 164.830. He contends (1) his motion for a new trial which was based on newly discovered evidence should have been allowed; and (2) he was deprived of effective assistance of counsel.

On the night of August 30, 1968, someone planted a stick of dynamite in Lane County Democratic Headquarters. When the dynamite was found the next morning...

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