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STATE v. DAZHAN

516 P.2d 92 (1973)

STATE of Oregon, Respondent, v. Paul Anthony DAZHAN and Jeryl Ray Sears, Appellants.

Court of Appeals of Oregon.

Decided November 13, 1973.

Attorney(s) appearing for the Case

J. Marvin Kuhn, Deputy Public Defender, Salem, argued the cause for appellants. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Scott McAlister, 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 LANGTRY, P.J., and FORT and THORNTON, JJ.

FORT, Judge.

This is a criminal case in which the defendants were charged with the crime of assault in the first degree. Defendants entered pleas of not guilty and were tried by a jury, which found defendant Sears guilty of the crime charged and defendant Dazhan guilty of the lesser included offense of assault in the second degree.

On January 28, 1973, at approximately 11:30 p.m., Robert Lacey and Linda Adams went to the lounge of the Blue Ox in Albany, Oregon...

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