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STATE v. BYERS

CM 87-0034; CA A44495.

768 P.2d 414 (1989)

95 Or.App. 139

STATE of Oregon, Respondent, v. Marvin BYERS, Appellant.

Court of Appeals of Oregon.

Decided February 8, 1989.

Attorney(s) appearing for the Case

Chris W. Dunfield, Corvallis, argued the cause for appellant. With him on the brief was Petersen, Barker & Dunfield, Corvallis.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

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

RICHARDSON, Presiding Judge.

Defendant appeals his conviction for assault in the second degree. ORS 163.175. He contends that the verdict of the jury entitled him either to a judgment of acquittal, a judgment of guilt of assault in the fourth degree or a new trial on a charge of assault in the third degree. He also claims that the court erred by denying his motion for judgment of acquittal and overruling his demurrer. We reverse and remand for a new trial on assault...

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