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STATE v. McMAHAN

No. DA 143302; CA 12495.

592 P.2d 1093 (1979)

39 Or.App. 599

STATE of Oregon, Respondent, v. James Irwin McMahan, Appellant.

Court of Appeals of Oregon.

Decided April 2, 1979.

Attorney(s) appearing for the Case

Patrick A. Reagan, Portland, filed the brief for appellant.

James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., filed the brief for respondent.

Before SCHWAB, C.J., and TANZER, RICHARDSON and ROBERTS, JJ.

ROBERTS, Judge.

Defendant appeals from a conviction of disorderly conduct1 and attempted criminal mischief in the second degree.2 Defendant was charged with the offenses as a result of his alleged acts in a disturbance at Oregon Steel Mills during a labor strike.

Defendant first assigns as error the state's failure to plead and prove that the damage to property...

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