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STATE v. PARKS

10-82-09941; CA A29892.

693 P.2d 657 (1985)

71 Or.App. 630

STATE of Oregon, Respondent, v. Gary Richard PARKS, Appellant.

Court of Appeals of Oregon.

Decided January 9, 1985.

Attorney(s) appearing for the Case

Ernest E. Estes, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Philip Schradle, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen.

Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.

NEWMAN, Judge.

Defendant appeals his conviction for assault in the second degree. ORS 163.175. The indictment charged defendant with assault in the second degree for "knowingly causing physical injury to Max Ansola, Jr., by shooting [him] with a hand gun, a deadly and dangerous weapon," and with attempted murder for "intentionally attempt[ing] to cause the death" of the same victim. ORS 163.115, ORS 161.405. The jury found defendant guilty of assault and not guilty...

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