STATE v. ATKISON


485 P.2d 1117 (1971)

STATE of Oregon, Respondent, v. David Ralph ATKISON, Appellant.

Court of Appeals of Oregon, Department 1.

Argued and Submitted May 17, 1971.


Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, argued the cause and filed the brief for appellant.

John L. Snyder, Dist. Atty., Dallas, argued the cause and filed the brief for respondent.

Before SCHWAB, C.J., and LANGTRY and FOLEY, JJ.


LANGTRY, Judge.

Defendant appeals from conviction of assault with intent to kill. ORS 163.280.

The only substantial assignment of error concerns a part of the prosecution's cross-examination of the defendant where use was made of prior statements of defendant inconsistent with present testimony. These statements were made at a previous hearing in circuit court where the defendant gave sworn testimony in support of his request for mitigation of punishment on...

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