STATE v. SUTTON


439 P.2d 627 (1968)

The STATE of Oregon, Respondent, v. James H. SUTTON, Appellant.

Supreme Court of Oregon, In Banc.

Decided April 10, 1968.


Attorney(s) appearing for the Case

Lawrence A. Aschenbrenner, Public Defender, and Gary D. Babcock, Deputy Public Defender, Salem, for appellant.

George Van Hoomissen, Dist. Atty., and Jacob B. Tanzer, Deputy Dist. Atty., Portland, for respondent.


PER CURIAM.

Defendant was convicted of armed robbery. An estimated $50 to $60 had been taken from a gasoline station.

At the time of his arrest, defendant had in his possession $40.50. This fact was admitted in evidence over objection. The only issue is whether admittance of the above evidence was error. Defendant argues it was, on the ground that possession of the money by itself does not lead to an inference he was the thief. The state argues such evidence...

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