STATE v. FLEISCHMAN


495 P.2d 277 (1972)

STATE of Oregon, Respondent, v. Benjamin George FLEISCHMAN, Jr., Appellant.

Court of Appeals of Oregon, Department 1.

Decided March 30, 1972.


Attorney(s) appearing for the Case

Robert J. Morgan, Milwaukie, argued the cause for appellant. With him on the brief were Erlandson & Morgan, Milwaukie.

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

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


THORNTON, Judge.

Defendant was convicted by a 10 to 2 jury verdict of assault with intent to kill in violation of ORS 163.280.

On appeal he contends that the trial court erred (1) in allowing Officer Smith and ex-Officer Loos to testify regarding alleged prior crimes committed by defendant, (2) in allowing a state's witness to testify as to a statement allegedly made by defendant in 1964 expressing hostility toward the police, (3) in refusing to allow defense...

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