STATE v. CONROY

DA308746-8511; CA A40327.

727 P.2d 980 (1986)

82 Or. App. 411

STATE of Oregon, Respondent, v. Christopher J. CONROY, Appellant.

Court of Appeals of Oregon.

Decided November 12, 1986.


Attorney(s) appearing for the Case

Ronald C. Hoover, Portland, filed the brief for appellant.

Dave Frohnmayer, Atty. Gen., Virginia L. Linder, Sol. Gen., and Robert M. Atkinson, Asst. Atty. Gen., Salem, filed the brief for respondent.

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


PER CURIAM.

Defendant was charged with assault in the fourth degree. ORS 163.160. After trial to the court, without a jury, the parties agreed that the crime of harassment, ORS 166.065, could be considered as if it were a lesser included offense. The court amended the complaint by interlineation and changed the charge to harassment. The court then announced a finding of not guilty of assault and guilty of harassment. However, the charge was not amended on the "Complaint...

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