State v. Hedrick

(Pro Tempore)

The defendant appeals from a conviction of assault with a dangerous weapon.

His first assignment of error is based upon the overruling of his objection to the taking of any testimony upon the ground that the indictment failed to state sufficient facts to charge him with the commission of a crime. He argues that the indictment failed to allege that the dangerous weapon, a .22 caliber revolver, was loaded, or capable of being fired or within range of the victim.

The indictment was in the language of the statute and is sufficient to charge the crime. State v. Noblin, 214 Or 60, 328…