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STATE v. STEAGALL

214 Or. 116 (1958)

328 P.2d 142

STATE OF OREGON v. STEAGALL

Supreme Court of Oregon.

Reversed July 16, 1958.

Attorney(s) appearing for the Case

Robert B. Abrams, Heppner, argued the cause and filed a brief for appellant.

Roy Kilpatrick, Canyon City, argued the cause and filed a brief for respondent.

Before PERRY, Chief Justice, and ROSSMAN, LUSK and McALLISTER, Justices.

REVERSED.

ROSSMAN, J.

This is an appeal by the state from a judgment-order of the circuit court which dismissed this action and discharged the defendant. The action was based upon an indictment which was returned under ORS 163.250 and which charged the defendant with assault being armed with a dangerous weapon. That section of our laws says:

"Any person, who is armed with a dangerous weapon and assaults another with such weapon, shall be punished...

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