Court of Appeals of Oregon January 29, 1970 (State v. Speer)

SCHWAB, C. J.

Defendant was indicted for assault with intent to Mil, OBS 163.280, but was convicted of assault with a dangerous weapon, OBS 163.250. The assault took place when a deputy sheriff was attempting to conduct a “frisk” at the scene of a crime, and the defendant struck the deputy on the head five or six times with a jack handle.