State v. McLean

Defendant appeals from conviction of the crime of assault and battery by means of force likely to produce great bodily injury, under ORS 163.255. The crime took place while defendant was being held in Rocky Butte jail in Portland while awaiting prosecution on another charge. The victim of the assault was also an inmate in the jail.

Defendant’s conviction was affirmed by the Court of Appeals. 1 Or App 147, 459 P2d 559 (1969). We granted defendant’s petition for review because of the serious nature of the question raised by defendant’s *466first assignment of error. That question may be stated as…