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STATE v. MOORE

480 P.2d 458 (1971)

STATE of Oregon, Respondent, v. Dave Gordon MOORE, Appellant.

Court of Appeals of Oregon, Department 1.

Decided February 11, 1971.

Attorney(s) appearing for the Case

David R. Dierdorff, Bend, argued the cause and filed the brief 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 LANGTRY and FORT, JJ.

SCHWAB, Chief Judge.

The defendant upon trial before the court, sitting without a jury, was found guilty of assault with intent to commit murder in the second degree and sentenced to imprisonment for a term not to exceed 15 years. On appeal he contends (1) the evidence was insufficient to support a finding of guilt of any crime greater than assault with intent to commit manslaughter, and (2) the 15-year sentence exceeds the sentence permitted by law.

The defendant...

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