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STATE v. HILL

TC 82-973; CA A28735; SC S30515.

692 P.2d 100 (1984)

298 Or. 270

STATE of Oregon, Respondent On Review, v. Carl Otto HILL, Petitioner On Review.

Supreme Court of Oregon, In Banc.

Decided December 4, 1984.

Attorney(s) appearing for the Case

John Dittman, Certified Law Student, and Michael J. Rosenbaum, Portland, argued the cause for petitioner on review. Michael J. Rosenbaum, Portland, filed the petition and brief for petitioner on review.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent on review. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen.

ROBERTS, Justice.

Defendant was convicted of assault in the third degree, driving while under the influence of intoxicants and carrying a concealed weapon. The Court of Appeals, 67 Or.App. 7, 675 P.2d 1134, affirmed. We allowed review to consider an issue related only to the assault in the third degree conviction. That issue is whether, under ORS 163.165(1)(a) requiring the use of a deadly or dangerous weapon for the commission of...

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