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STATE v. CAIN

230 Or. 286 (1962)

369 P.2d 769

STATE OF OREGON v. CAIN

Supreme Court of Oregon.

Affirmed March 21, 1962.

Attorney(s) appearing for the Case

Ralph W.G. Wyckoff, Salem, argued the cause for appellant. With him on the brief was Arthur G. Kaplan, Salem.

Gary D. Gortmaker, Deputy District Attorney, Salem, argued the cause for respondent. With him on the brief was Hattie Bratzel Kremen, District Attorney for Marion County, Salem.

Before McALLISTER, Chief Justice, and WARNER, SLOAN and O'CONNELL, Justices.

AFFIRMED.

SLOAN, J.

Defendant was found guilty by a jury verdict of the crime of assault and robbery being armed with a dangerous weapon. He appeals from the judgment which followed.

The victim of the robbery of which defendant was convicted was Mr. Tehan, owner of a night club near Salem. Tehan's home is adjacent to his night club. The robbery took place after Tehan had closed his club and was going from the club to his home carrying

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