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STATE v. NORTH

238 Or. 90 (1964)

390 P.2d 637

STATE OF OREGON v. NORTH

Supreme Court of Oregon.

Affirmed March 25, 1964.

Petition for rehearing denied June 23, 1964.

Attorney(s) appearing for the Case

D.R. Dimick, Roseburg, argued the cause and filed a brief for appellant.

Thomas D. O'Dell, Deputy District Attorney, Roseburg, argued the cause for respondent. With him on the brief was Avery W. Thompson, District Attorney.

Before McALLISTER, Chief Justice, and ROSSMAN, O'CONNELL, GOODWIN and LUSK, Justices.

AFFIRMED.

LUSK, J.

The defendant and one Gordon Burton Hibbard were taken red-handed while attempting to rob a vault in the basement of a bank building in Oakland, Oregon. They were separately indicted, but by stipulation, were tried together. Both were convicted. The defendant was sentenced to serve 10 years in the penitentiary with credit for the time spent in jail until his sentence should commence.

The only error assigned is to the court's failure...

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