State v. Segura

The defendant was indicted for second degree assault and convicted after a jury trial of third degree assault. OBS 163.165. The prosecution evidence showed that in the early morning of January 14,1973, the defendant, his two brothers and a friend attacked and severely beat two men as they were leaving a restaurant with their wives. The defense evidence purported to prove that the two men attacked the defendant and that the defendant’s companions came to his aid.

The state offered evidence as part of its casein-chief that three hours earlier the defendant had spontaneously assaulted a gas…