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STATE v. FLEMING

232 Or. 412 (1962)

375 P.2d 831

STATE OF OREGON v. FLEMING

Supreme Court of Oregon.

Affirmed November 7, 1962.

Attorney(s) appearing for the Case

Richard D. Barber, Salem, argued the cause and submitted a brief for appellant.

Hattie Bratzel Kremen, District Attorney, Salem, argued the cause for respondent. With her on the brief was C.L. Marsters, Deputy District Attorney, Salem.

Before McALLISTER, C.J., ROSSMAN, PERRY, GOODWIN and DENECKE, Justices.

AFFIRMED.

McALLISTER, C.J.

The defendant, Franklin Delano Fleming, and his co-defendant, Roy Allen Freeman, were indicted jointly in Marion county for the crime of assault and robbery while armed with a dangerous weapon. ORS 163.280. Both defendants were found guilty by the jury and Fleming was sentenced to the penitentiary for a term not exceeding 15 years, from which he appeals. Freeman was given a life sentence, with which we are not here concerned.

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