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STATE v. GRASS

No. C 78-07-11751; CA 12712.

599 P.2d 1203 (1979)

41 Or.App. 575

STATE of Oregon, Respondent, v. Steven Eugene GRASS, Appellant.

Court of Appeals of Oregon.

Decided August 20, 1979.

Attorney(s) appearing for the Case

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

Catherine Allan, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

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

ROBERTS, Judge.

Defendant was convicted by a jury of assault in the second degree. He was sentenced to five years imprisonment, execution of which was suspended. Defendant was placed on probation upon the condition he be incarcerated in the Multnomah County Jail for a period of one year. Defendant first assigns as error the trial court's denial of his motion for judgment of acquittal on the ground of insufficient evidence. As to that assignment of error we affirm...

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