STATE v. BOONE

TC 81-1639; CA A23428; SC 28851.

661 P.2d 917 (1983)

294 Or. 630

STATE of Oregon, Respondent On Review, v. Timothy Paul BOONE, Petitioner On Review.

Supreme Court of Oregon, In Banc.

Decided March 29, 1983.

Rehearing Denied May 3, 1983.


Attorney(s) appearing for the Case

Ronald K. Cox, Asst. Public Defender, Coquille, argued the cause and filed the brief for petitioner on review.

Robert E. Barton, Asst. Atty. Gen., Salem, argued the cause for respondent on review. With him on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.


ROBERTS, Justice.

The crime of assault in the second degree is committed by a person who "recklessly causes serious physical injury to another by means of a deadly or dangerous weapon under circumstances manifesting extreme indifference to the value of human life." ORS 163.175(1)(c).1 The crime of assault in the third degree is committed by one who "recklessly causes serious physical injury to another by means of a deadly or dangerous...

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