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STATE v. ATKINS

446 P.2d 660 (1968)

The STATE of Oregon, Respondent, v. Robert Lawrence ATKINS, Appellant.

Supreme Court of Oregon, In Banc.

Decided November 8, 1968.

Attorney(s) appearing for the Case

George V. Des Brisay, Portland, argued the cause for appellant. With him on the brief were Franklin, Olsen, Bennett, Des Brisay & Jolles, Portland.

Jacob B. Tanzer, Asst. Chief Deputy Dist. Atty., Portland, argued the cause for respondent. With him on the brief was George Van Hoomissen, Dist. Atty., Portland.

Before PERRY, C.J., and McALLISTER, SLOAN, O'CONNELL, GOODWIN, DENECKE and RODMAN, JJ.

RODMAN, Justice (Pro Tempore)

The defendant appeals from his conviction of first degree murder of Lynn Michael Wilson. Wilson, the swing-shift attendant at the B & R Texaco station in Portland, had been working alone the evening of October 28, 1965. At 11:30 p.m., the station was found open, but unattended. Two new tires were missing and $173 had been taken from the cash register. The next day Wilson's body was found beside a road a few miles from the station...

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