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STATE v. LINDSEY

No. 163788-7901; CA 15597.

609 P.2d 386 (1980)

45 Or.App. 607

STATE of Oregon, Respondent, v. Jerry Edward LINDSEY, Appellant.

Court of Appeals of Oregon.

Decided April 7, 1980.

Attorney(s) appearing for the Case

Rita Radich, Portland, argued the cause and filed the brief for appellant.

Karen H. Green, 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 JOSEPH, P.J., RICHARDSON, J., and SCHWAB, C.J.

RICHARDSON, Judge.

Defendant was convicted after a trial to the court of assault in the fourth degree on Lawrence Stahl; theft in the second degree, and assault in the fourth degree on Charles Gibbons. He appeals only the conviction for assault on Charles Gibbons, contending there was no evidence to support that conviction. The state concedes error in that the only injury the victim suffered was a torn shirt. Assault in the fourth degree, ORS 163.160, requires that...

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