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STATE v. JOHNS

No. 18-441; CA 14031.

606 P.2d 640 (1980)

44 Or.App. 421

STATE of Oregon, Respondent, v. Billy Gene JOHNS, Appellant.

Court of Appeals of Oregon.

Decided February 11, 1980.

Attorney(s) appearing for the Case

Michael J. McElligott, Hillsboro, argued the cause and filed the brief for appellant.

James M. Brown, 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 JOSEPH, P.J., and LEE and RICHARDSON, JJ.

RICHARDSON, Judge.

Defendant appeals his conviction by a jury verdict of assault in the fourth degree, ORS 163.160. The victim of the assault was the defendant's ten year old son. The assault was alleged to have occurred on Saturday, June 10, 1978. Defendant gave notice of the defense of justification, i.e., that he used reasonable physical force for parental discipline. Defendant makes four assignments of error: (1) the court erred in denying discovery of the contents...

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