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STATE v. WOLBERG

483 P.2d 104 (1971)

STATE of Oregon, Respondent, v. John Byron WOLBERG, Appellant.

Court of Appeals of Oregon, Department 2.

Decided April 1, 1971.

Rehearing Denied April 27, 1971.

Review Denied June 9, 1971.

Attorney(s) appearing for the Case

Brian L. Welch, Portland, argued the cause for appellant. With him on the brief were Pozzi, Wilson & Atchison, Portland.

Jacob B. Tanzer, Sol. Gen., Salem, argued the cause for respondent. With him on the brief was Lee Johnson, Atty. Gen., Salem.

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

PER CURIAM.

The original indictment against the defendant was for assault with intent to kill. He pleaded guilty to a reduced charge, by information, of assault with a dangerous weapon. ORS 163.250. The trial court sentenced the defendant to 10 years' imprisonment, and this appeal is from that sentence, upon the ground that it is cruel and unusual punishment.

This claim is based upon psychiatric opinions indicating that the defendant is schizophrenic and that...

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