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STATE v. RABAGO

544 P.2d 1061 (1976)

STATE of Oregon, Respondent, v. Joseph RABAGO, Appellant.

Court of Appeals of Oregon.

Decided January 19, 1976.

Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for appellant.

Donald L. Paillette, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen. and W. Michael Gillette, Sol. Gen., Salem.

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

SCHWAB, Chief Judge.

Defendant, as an aftermath of an argument in a dormitory building with another occupant, got a knife from his room, went to the other occupant's room, beat upon the door until the unarmed occupant opened it and then stabbed him. As a result, defendant was indicted for both the crimes of attempted murder, ORS 163.115, and assault in the first degree, ORS 163.185.1

The jury found the defendant not guilty of attempted...

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