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STATE v. MORONEY

CA 14755; SC 26879.

616 P.2d 471 (1980)

289 Or. 597

STATE of Oregon, Respondent, v. Joe MORONEY, Petitioner.

Supreme Court of Oregon.

Decided September 10, 1980.

Attorney(s) appearing for the Case

Robert M. Johnstone, of Cushing, Johnstone & Peterson, P.C., McMinnville, argued the cause and filed briefs for petitioner.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty., Gen., and Walter L. Barrie, Sol. Gen., Salem.

Before DENECKE, C.J., and TONGUE, HOWELL, LENT, LINDE, and PETERSON, JJ.

HOWELL, Justice.

Defendant was indicted for the crime of assault in the second degree, ORS 163.175. In a trial before the court the defendant was found not guilty of assault in the second degree but guilty of menacing under ORS 163.190. In the Court of Appeals defendant argued that the trial court erred in finding that menacing was a lesser included offense of assault in the second degree. The Court of Appeals affirmed the trial court, 44 Or.App...

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