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STATE v. RICE

No. 79-1685-C-1; CA 16736.

616 P.2d 538 (1980)

48 Or.App. 115

STATE of Oregon, Respondent, v. Denis Walter RICE, Appellant.

Court of Appeals of Oregon.

Decided September 2, 1980.

Reconsideration Denied October 7, 1980.

Review Denied October 14, 1980.

Attorney(s) appearing for the Case

J. Marvin Kuhn, Deputy Public Defender, Salem, argued the cause for appellant. With him on the brief was Gary D. Babcock, Public Defender, Salem.

Karen H. Green, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were James M. Brown, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Before JOSEPH, P.J., and WARDEN and WARREN, JJ.

WARDEN, Judge.

Defendant appeals his convictions for second degree assault upon his wife, contending that elements necessary to constitute the crime were not present.

The incident out of which the charge arose occurred during an argument between husband and wife. Told to leave the house, wife got into her automobile. Defendant broke the rear window with a pickaxe. Wife then got into a pickup truck. Defendant followed and broke the rear window of the cab. Wife...

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