Opinion
Argued November 19, 1969
Affirmed December 24, 1969
IN BANC
Appeal from Circuit Court, Multnomah County.
ALAN F. DAVIS, Judge.
Jack E. Collier, Portland, argued the cause for appellant. With him on the brief was Glenn A. Geurts, Portland.
Billy L. Williamson, Deputy District Attorney, Portland, argued the cause for respondent. With him on the brief was George Van Hoomissen, District Attorney, Portland.
AFFIRMED.
Defendant was convicted in a trial by jury of "assault with a dangerous weapon." He appeals on the grounds: (1) that the instruction given on self defense was not adequate, and (2) that neither he nor his counsel were permitted to see the pre-sentence report prepared by the Board of Parole and Probation.
These questions were not properly raised in the court below. We find nothing in the record which warrants departure from the rule that issues not properly raised and preserved in the trial court will not be considered on appeal. State v. Avent, 209 Or. 181, 302 P.2d 549 (1956).
Affirmed.