State v. Bennett

Defendant appeals from conviction by the court of attempted malicious injury to property by explosive. ORS 164.830. He contends (1) his motion for a new trial which was based on newly discovered evidence should have been allowed; and (2) he was deprived of effective assistance of counsel.

On the night of August 30, 1968, someone planted a stick of dynamite in Lane County Democratic Headquarters. When the dynamite was found the next morning, the fuse had partially burned, leaving about four inches of ash. Evidence placed defendant near the building in the late afternoon of the pre*369ceding day.…