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STATE v. MACK

90-01-33203; CA A64501.

817 P.2d 1321 (1991)

108 Or.App. 643

STATE of Oregon, Respondent, v. Gerald Levertt MACK, Appellant.

Court of Appeals of Oregon.

Decided September 11, 1991.

Attorney(s) appearing for the Case

Kurt C. Bendixsen, Hermiston, argued the cause and filed the brief, for appellant.

Jas Adams, 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 BUTTLER, P.J., and ROSSMAN and DE MUNIZ, JJ.

BUTTLER, Presiding Judge.

Defendant was charged with the crimes of Assault I, ORS 163.185, and Burglary I. ORS 164.225. In addition to alleging the statutory elements of the offenses, the information relating to Assault I alleged that the victim did not substantially contribute to the commission of the offense by precipitating the attack; with respect to the burglary, it alleged that the offense occurred in an occupied dwelling and that defendant caused or threatened...

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