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STATE v. JOHNSON

10-84-08499; CA A35804.

722 P.2d 1266 (1986)

80 Or. App. 350

STATE of Oregon, Respondent, v. Jacob Jay JOHNSON, Appellant.

Court of Appeals of Oregon.

Decided July 23, 1986.

Attorney(s) appearing for the Case

Richard Smurthwaite, Eugene, argued the cause and filed the brief for appellant.

Kendall M. Barnes, 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., Salem.

Before RICHARDSON, P.J., JOSEPH, C.J., and WARDEN, J.

WARDEN, Judge.

Defendant appeals his conviction for carrying a dangerous weapon, ORS 166.220, a Class C felony. His assignments of error center around the sufficiency of the indictment,1 which in pertinent part, reads:

"COUNT I

"The defendant on or about the 23rd day of October, 1984, in the county aforesaid, did unlawfully and knowingly attempt to use and with intent to use...

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