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STATE v. GALE

No. 17-868; CA 10073.

583 P.2d 1169 (1978)

STATE of Oregon, Respondent, v. Robert Dean GALE, Appellant.

Court of Appeals of Oregon.

Decided September 18, 1978.

Attorney(s) appearing for the Case

James E. Mountain, Jr., Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Donald L. Paillette, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Al J. Laue, Sol. Gen., Salem.

Before SCHWAB, C.J., and JOHNSON, GILLETTE and ROBERTS, JJ.

GILLETTE, Judge.

Defendant was convicted of assault in the second degree in violation of ORS 163.175 and makes three assignments of error: (1) the court erred in submitting the case to the jury because there was no evidence that the can opener used by defendant in committing the assault constitutes a dangerous weapon; (2) the court erred in refusing to submit defendant's summarized statement of the issues to the jury, as requested by defendant pursuant to ORS 17.230...

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