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STATE v. REED

C881415CR; CA A51299.

790 P.2d 551 (1990)

101 Or.App. 551

STATE of Oregon, Respondent, v. Bruce Lyn REED, Appellant.

Court of Appeals of Oregon.

Decided April 18, 1990.

Review Denied July 10, 1990.

Attorney(s) appearing for the Case

Steven V. Humber, Salem, argued the cause for appellant. With him on the brief was Sally L. Avera, Acting Public Defender, Salem.

Thomas H. Denney, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

ROSSMAN, Judge.

The issue is whether a concrete sidewalk can be a "dangerous weapon" within the meaning of ORS 161.015(1). We conclude that it can be and is in the circumstances of this case. We affirm defendant's conviction for assault in the second degree. ORS 163.175.

Defendant struck his girlfriend with his fists, knocking her to the sidewalk. Then he repeatedly struck her head against the concrete. The indictment alleged that defendant "did unlawfully...

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