STATE v. RAINWATER


553 P.2d 1085 (1976)

26 Or.App. 593

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

Court of Appeals of Oregon.

Decided August 30, 1976.


Attorney(s) appearing for the Case

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

Janet A. Metcalf, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

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


FORT, Judge.

Defendant was indicted on two counts of attempted murder, ORS 163.115. He was convicted of assault in the first degree, ORS 163.185, but was acquitted of each count of attempted murder pursuant to his plea of not guilty by reason of mental disease or defect, ORS 161.295. On appeal, defendant contends that his conviction of the lesser included crimes of assault was improper in view of the court's specific finding...

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