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STATE v. PHILLIPS

481 P.2d 381 (1971)

STATE of Oregon, Respondent, v. Tom Leo PHILLIPS, Appellant.

Court of Appeals of Oregon, Department 2.

Decided February 25, 1971.

Rehearing Denied March 23, 1971.

Review Denied April 13, 1971.

Attorney(s) appearing for the Case

Robert E. Thompson, Jon B. Lund, and Thompson & Adams, Beaverton, for appellant.

Lee Johnson, Atty. Gen., Jacob B. Tanzer, Sol. Gen., and Thomas H. Denney, Asst. Atty. Gen., Salem, for respondent.

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

SCHWAB, Chief Judge.

The defendant was charged with the crime of assault with intent to commit first-degree murder in violation of ORS 163.280. The charge arose out of an altercation in which defendant shot one Duane Shelton twice with a revolver. The defendant entered a plea of not guilty and was found guilty upon trial by jury of assault with a dangerous weapon. He was thereupon sentenced to a term of not to exceed five years' imprisonment. Contemporaneously

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