STATE v. GIBSON


448 P.2d 534 (1968)

STATE of Oregon, Respondent, v. Monte GIBSON, Appellant.

Supreme Court of Oregon, In Banc.

Decided December 18, 1968.


Attorney(s) appearing for the Case

Gary D. Babcock, Public Defender, Salem, argued the cause and filed a brief, for appellant.

John M. Eaton, Dist. Atty., Burns, filed a brief, for respondent.

Before McALLISTER, P.J., and SLOAN, O'CONNELL, GOODWIN, DENECKE, HOLMAN and MENGLER, JJ.


Argued and Submitted at Pendleton October 29, 1968.

GOODWIN, Justice.

Defendant was convicted of robbery by force and violence, not being armed with a dangerous weapon, and appeals.

The facts material to the appeal are these:

Monte Gibson and Larry Wright were drinking in a Burns establishment called the Central Pastime. When a third man, Juan Landa, left the tavern, Gibson and Wright followed him outside and attacked him. Both were charged...

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