State v. Gibbons

This is an appeal by the defendant Louis Gibbons from a judgment of the circuit court which adjudged bim guilty of the crime of assault while unarmed by means likely to produce great bodily harm. The conviction w'as for a lessor offense than that charged in the indictment, which was assault with a dangerous weapon (ORS 163.250).

The facts of this case will not be recited here, since they are stated in the companion case involving the co-defendant, Charles Junior Hood in State v. Hood, 225 Or 40, 356 P2d 1100.

The first assignment of error complains that the indictment for assault with a…