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STATE OF OREGON v. PATTON

208 Or. 610 (1956)

303 P.2d 513

STATE OF OREGON v. PATTON

Supreme Court of Oregon.

Affirmed November 8, 1956.

Attorney(s) appearing for the Case

Laurence L. Morley, Lebanon, argued the cause for appellant. On the briefs were Morley & Thomas, Lebanon, and Weatherford & Thompson, Albany.

Courtney R. Johns, District Attorney, Albany, argued the cause and filed a brief for the respondent.

AFFIRMED.

PERRY, J.

The defendant was convicted of armed robbery, and appeals.

The defendant, in effect, offered no evidence, and he states the court erred in instructing the jury as follows:

"Evidence is to be estimated not only by its own intrinsic weight, but also according to the evidence which it is within the power of one side to produce and of the other side to contradict; and if weaker and less satisfactory evidence is offered when...

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