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STATE v. ELKSNIS

504 P.2d 1070 (1973)

STATE of Oregon, Respondent, v. Almars ELKSNIS, Appellant.

Court of Appeals of Oregon.

Decided January 5, 1973.

Attorney(s) appearing for the Case

Michael V. Phillips, Eugene, argued the cause for appellant. With him on the brief were Hammons & Phillips, Eugene.

John Osburn, Sol. Gen., Salem, argued the cause for respondent. With him on the brief was Lee Johnson, Atty. Gen., Salem.

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

FOLEY, Judge.

Defendant was sentenced to one year in the Lane County jail on his guilty plea to criminal assault under former ORS 163.260. He appeals, asserting three assignments of error.

In one of his assignments he claims that the information against him fails to state a crime and in another that the court abused its discretion in sentencing him to one year in the county jail. The claim that the information fails to state a crime cannot be asserted on appeal...

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