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STATE v. GILMORE

242 Or. 463 (1966)

410 P.2d 240

STATE OF OREGON v. GILMORE

Supreme Court of Oregon.

Affirmed January 26, 1966.

Attorney(s) appearing for the Case

Paul D. Schultz, Oregon City, argued the cause for appellant. With him on the brief was Harry A. Harris, Oregon City.

James R. Carskadon, Jr., Deputy District Attorney, Oregon City, argued the cause for respondent. With him on the brief were Roger Rook, District Attorney, and Jack F. Olsen, Deputy District Attorney, Oregon City.

Before McALLISTER, Chief Justice, and PERRY, DENECKE, HOLMAN and SCHWAB, Justices.

AFFIRMED.

DENECKE, J.

The defendant was charged with assault and robbery while armed with a dangerous weapon. ORS 163.280. His defense was insanity. He was found guilty and appeals.

I

On July 2, 1963, a probate court found the defendant to be mentally ill and committed him to a state institution. He was discharged from such institution on July 16, 1963, readmitted on July 19, 1963, and discharged...

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