State v. Planck

Defendant was indicted for the crime of assault with a dangerous weapon, OES 163.250, and convicted by a jury therefor. He appeals, asserting three assignments of error. We consider them in order.

The first arises from the admission into evidence of a holster and portions of a pistol frame. A brief statement of the relevant facts is necessary to its understanding.

In the early morning hours a Mr. Burcham and a friend were driving along a public street in- Mc-Minnville. Mr. Burcham was operating the car. A car driven by the defendant drew alongside. The defendant had a revolver resting on his…