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STATE v. FLYGARE

525 P.2d 181 (1974)

STATE of Oregon, Respondent, v. Edward Clarence FLYGARE, Appellant.

Court of Appeals of Oregon.

Decided August 12, 1974.

Rehearing Denied September 18, 1974.

Review Denied October 15, 1974.

Attorney(s) appearing for the Case

Robert C. Cannon, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Timothy Wood, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

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

FORT, Judge.

Defendant was indicted on two counts of attempted murder, ORS 161.405 and ORS 163.115. One count involved his wife, from whom he was separated. The other count involved her then boyfriend, now her husband, with whom she was living. He was convicted on Count I of the lesser included crime of menacing, ORS 163.190, and of attempted manslaughter, ORS 161.405, 163.125(1)(b), on Count II. He was sentenced to two and one-half years on Count II, which involved...

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