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STATE v. STALEY

499 P.2d 1343 (1972)

STATE of Oregon, Respondent, v. Frank Manas STALEY, Appellant.

Court of Appeals of Oregon, Department 1.

Decided July 27, 1972.

Rehearing Denied August 23, 1972.

Review Denied October 17, 1972.

Attorney(s) appearing for the Case

Ken C. Hadley, Deputy Public Defender, Salem, argued the cause for appellant. On the briefs were Gary D. Babcock, Public Defender, Salem, and Howard R. Lonergan, Portland.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and John W. Osburn, Sol. Gen., Salem.

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

SCHWAB, Chief Judge.

Defendant, having been found guilty by a trial judge sitting without a jury with the crime of assault with intent to commit rape, former ORS 163.270, appeals. His assignments of error are: (1) the trial court's denial of defendant's motion for judgment of acquittal:

"* * * I would object to the imposition of sentence in this case on the ground that a special verdict of your Honor did not include the requisite intent of guilt under the...

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