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STATE v. DYE

J81-3352; CA A30607.

686 P.2d 1042 (1984)

69 Or.App. 558

STATE of Oregon, Respondent, v. David I. DYE, Appellant.

Court of Appeals of Oregon.

Decided August 29, 1984.

Attorney(s) appearing for the Case

Alan R. Scott, Jr., Roseburg, filed the brief, for appellant.

Dave Frohnmayer, Atty. Gen., James E. Mountain, Jr., Sol. Gen., and Jeff Bennett, Asst. Atty. Gen., Salem, filed the brief, for respondent.

Before GILLETTE, P.J., JOSEPH, C.J., and YOUNG, J.

PER CURIAM.

This is a criminal case in which defendant appeals his conviction for assault in the fourth degree, claiming that there was insufficient evidence to support a conviction. We agree. However, the evidence was sufficient to convict defendant of the lesser included offense of attempted assault in the fourth degree. See State v. Capwell, 52 Or.App. 43, 46-47, 627 P.2d 905...

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