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STATE v. TURNER

241 Or. 105 (1965)

404 P.2d 187

STATE OF OREGON v. TURNER

Supreme Court of Oregon.

Reversed and remanded July 15, 1965.

Attorney(s) appearing for the Case

Alan D. Gross, Salem, argued the cause and submitted a brief for appellant.

John D. Burns, Deputy District Attorney, Portland, argued the cause for respondent. With him on the brief was George Van Hoomissen, District Attorney, Portland.

Before McALLISTER, Chief Justice, and PERRY, SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN, Justices.

REVERSED.

SLOAN, J.

Defendant and two others were charged with assault with intent to rob. The gist of the offense charged was that Turner and his companions entered a small grocery store in Portland with the intent to rob the proprietors of the store. The state claimed that Turner pointed a loaded gun at a lady proprietor and ordered her to put up her hands. When she hesitated Turner, it was claimed, struck her with the gun. The three men then fled the scene...

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