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STATE v. CARCERANO

238 Or. 208 (1964)

390 P.2d 923

STATE OF OREGON v. CARCERANO

Supreme Court of Oregon.

Affirmed April 8, 1964.

Petition for rehearing denied September 9, 1964.

Attorney(s) appearing for the Case

Ralph E. Hillier, Eugene, argued the cause and submitted the brief for appellant.

William F. Frye, District Attorney for Lane County, Eugene, argued the cause and submitted the brief for respondent.

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

AFFIRMED.

ROSSMAN, J.

This is an appeal by the defendant, Frank Anthony Carcerano, from a judgment of guilt and the ensuing sentence which the circuit court entered against him. The judgment is based upon the verdict of a jury. The crime which the indictment charged against the defendant and his three co-indictees was armed robbery as that crime is defined in ORS 163.280.

The material part of the indictment reads:

"The said Rex L. Craig, Marvin...

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