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STATE v. CRATER

230 Or. 513 (1962)

370 P.2d 700

STATE OF OREGON v. CRATER

Supreme Court of Oregon.

Affirmed April 25, 1962.

Attorney(s) appearing for the Case

Hayes P. Lavis, Portland, argued the cause for appellant. On the briefs were Van Hoomissen & Lavis and Arnold B. Silver.

Charles R. Harvey, Deputy District Attorney, Portland, argued the cause for respondent. With him on the brief was Charles E. Raymond, District Attorney for Multnomah County.

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

AFFIRMED.

O'CONNELL, J.

Defendant appeals from a judgment of conviction of the crime of assault and robbery being armed with a dangerous weapon, in violation of ORS 163.280.

The state established that at approximately 10:30 p.m., on October 13, 1957, a Safeway Store on Foster Street in Portland, Oregon, was robbed by a man armed with a weapon. The state's case was presented upon the theory that the actual robbery...

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