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STATE v. TURNER

247 Or. 301 (1967)

429 P.2d 565

STATE OF OREGON, Respondent, v. LEO TURNER, JR., Appellant.

Supreme Court of Oregon.

Reversed with instructions June 21, 1967.

Attorney(s) appearing for the Case

Lawrence A. Aschenbrenner, Public Defender, Salem, argued the cause and filed a brief for appellant.

Jacob B. Tanzer, Deputy District Attorney, Portland, argued the cause for respondent. With him on the brief was George Van Hoomissen, District Attorney, Portland.

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

REVERSED WITH INSTRUCTIONS.

DENECKE, J.

The defendant was convicted of assault with intent to rob and was sentenced to five years' imprisonment. He appealed and his conviction was reversed for constitutional error committed at his trial. State v. Turner, 241 Or. 105, 404 P.2d 187 (1965). He was retried before a different judge, convicted and sentenced to seven years' imprisonment with...

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